HomeMy WebLinkAboutMN-CC-1989-06-07COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M. June 7, 1989
PRESENT: Mayor Gutenberger
Alderpersons (10) - Booth, Cummings, Johnson, Nichols,
Hoffman, Killeen, Lytel, Peterson,
Schlather, Romanowski
OTHERS PRESENT:
City Attorney - Nash
City Clerk - Paolangeli
City Controller - Cafferillo
Director, Planning and Development - Van Cort
Deputy Director, Planning and Development - Mazzarella
Police Chief - McEwen
Building Commissioner - Datz
Fire Chief - Olmstead
q Youth Bureau Director - Cohen
Board of Public Works Commissioner - Reeves
City Engineer - Gray
_? PLEDGE OF ALLEGIANCE:
Mayor Gutenberger led all present in the Pledge of Allegiance to
the American flag.
MINUTES:
Corrections and Additions to the Minutes of the May 3, 1989
Common Council Meeting
Alderperson Peterson requested that on page 27, the word
Resolution be added at the end of the paragraph that begins
'Alderperson Peterson stated that ...'
Lo", Alderperson Booth requested that on page 22, before the words
'Alderperson Nichols noted....', the words With respect to
Amending Resolution #2 be added.
Alderperson Booth requested that on page 17, under 14.1b(1), in
the third line of the first Whereas, Route 13 be changed to Route
96.
Alderperson Booth requested that on page 29, under #4 Storm
drainage, the fourth line from the bottom of the paragraph, that
begins with 'Necessary storm sewers....' should be a separate
paragraph.
Alderperson Booth requested that on page 32, under "G. City work
at subdivider's expense, the second line should read his./her
expense.
Approval of Minutes of the May 3, 1989 Common Council Meeting
with the Corrections and Additions as Noted
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the Minutes of the May 3, 1989 Common Council
Meeting with the corrections and additions as noted be approved.
Carried Unanimously
ADDITIONS TO THE AGENDA:
New Business
Alderperson Lytel requested the addition of Item 21.1, a short
discussion on the cable casting of Council meetings.
No Council member objected.
Human Services
Alderperson Peterson requested the addition of Item 16.3, a
letter from Homes, Inc. for consideration by Common Council.
No Council member objected.
N
New Business
Alderperson Killeen requested
resolution on "Housing Now!"
No Council member objected.
2 June 7, 1989
the addition of Item 21.2, a
Intergovernmental Relations Committee
Alderperson Cummings requested the addition of Item 18.1, a
resolution taking final action on the request of Charles Schlough
for an extension of the agreement to transfer the City Hall Annex
to him.
No Council member objected.
Miscellaneous and Unfinished Business
Alderperson Cummings requested a discussion on the current Cystic
Fibrosis Fund Raising Campaign.
No Council member objected.
Budget and Administration Committee
Alderperson Schlather requested the addition of Item 15.17, City
Controller starting salary resolution.
Alderperson Schlather stated that there will be a substitute
resolution with respect to Item 15.9, Center Ithaca Expansion.
No Council member objected.
MAYOR'S APPOINTMENTS:
Board of Fire Commissioners
Mayor Gutenberger requested approval of Council for the re-
appointments of Gloria Howell, 120 Clover Lane and David
Cornelius, 109 Farm Street, to the Board of Fire Commissioners
with terms to expire June 30, 1992.
Resolution
By Alderperson Booth: Seconded by Alderperson Killeen
RESOLVED, That this Common Council approves the re- appointments
of Gloria Howell and David Cornelius to the Board of Fire
Commissioners with terms to expire June 30, 1992.
Carried Unanimously
Affirmative Action Advisory Committee
Mayor Gutenberger requested the approval of Council for the
appointments of Samuel Cohen, Parmenter Road, Lodi with a term to
expire 12/31/91 and James Miller, 800 Shaffer Road, Newfield with
a term to expire 12/31/89 (Management Representatives) , to the
Affirmative Action Advisory Committee.
Resolution
By Alderperson Killeen: Seconded by Alderperson Johnson
RESOLVED, That this Common Council approves the appointments of
Samuel Cohen with a term to expire 12/31/91 and James Miller with
a term to expire 12/31/89 as Management Representatives to the
Affirmative Action Advisory Committee.
Carried Unanimously
Community Police Board
Mayor Gutenberger requested the approval of Council for the
appointment of John Ware, 114 South Plain Street, to the
Community Police Board, with a term to expire December 31, 1991,
to replace Deborah Manning who has resigned.
Resolution
By Alderperson Cummings: Seconded by Alderperson Booth
RESOLVED, That this Common Council approves the appointment of
John Ware, to the Community Police Board, with a term to expire
December 31, 1991.
Carried Unanimously
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June 7, 1989
Board of Fire Commissioners
Mayor Gutenberger requested approval of Council for the
appointment of Lyman E. Baker, 838 Coddington Road, to the Board
of Fire Commissioners with a term to expire June 30, 1990 to
replace Robert Earle who has resigned.
Resolution
By Alderperson Romanowski: Seconded by Alderperson Cummings
RESOLVED, That this Common Council approves the appointment of
Lyman E. Baker to the Board of Fire Commissioners with a term to
expire June 30, 1990.
Carried Unanimously
Planning and Development Board
Mayor Gutenberger requested approval of Council for the
appointment of Moncrief Cochran, 205 Haller Boulevard, to the
Planning and Development Board with a term to expire December 31,
1990 to replace Steve Jackson who has resigned.
Resolution
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That this Common Council approves the appointment of
Moncrief Cochran to the Planning and Development Board with a
term to expire December 31, 1990.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Strand Theatre
Doug Reid, 105 Sheldon Road, addressed Council on the matter of
the Strand Theatre. He referred to a handout that he had
presented to each member of Council. Mr. Reid remarked that in
his statement he has gone through some of the history of the
(moo., Strand and he believes he has shown that there is a way that the
Strand could function as a theatre. He asked that in any
resolution passed by the Council concerning the sealed bid sale,
some way be found to allow for the possibility, however remote it
may seem, that a non - profit corporation might be able to take it
over before the sale is finalized.
Six Mile Creek Bikeway - Town Plans_
Jerry Hersh, 111 Cottage Place, spoke to Council regarding the
Town of Ithaca's plan for the Six Mile Creek Bikeway. He re-
capped some of the discussion that took place at the Town of
Ithaca meeting. It appeared to him that the Town's plan was
detrimental to a lot of the people that were present at that
meeting and it was stated that to get the Town's plan turned
around one of the things that could be done would be to go before
the Common Council of the City of Ithaca. He stated that he was
speaking tonight to make sure that Council knows that many people
are against the Town's plan regarding the bikeway.
Empire State Games
David Cutting, Chairman for the Empire State Games, explained to
the Council the plans for the Empire State Games which will take
place August 2 - 6, 1989 in Ithaca.
(4w", 2% Monies
Daniel L. Rhoads, 201 West Lincoln Street, Captain of Volunteer
Fire Company #1, urged the Council to pass the resolution on
tonight's agenda regarding the 2% monies for the volunteer fire
companies.
Strand Theatre Farmers' Market Lease
Paul Sayvetz, 201 Elm Street, addressed the Council on the matter
of the Strand Theatre and asked Council to delay the decision on
the matter of the theatre. He also stated that he thinks the
Farmers' Market lease is not fair. He asked that the City allow
the cost of those permanent bathrooms, which are to be affixed
to the land, be deducted from the rent.
4
June 7, 1989
Strand Theatre
The following persons also spoke to Council in support of saving
the Strand Theatre:
John Whalen - 319 Elm Street
Marie Steffen - 319 Elm Street
Drop -in Center
Donna Veninsky, Richford, New York, Executive Director of the
Drop -in Center, addressed the Council on the matter of expanding
the Day Care Center at G.I.A.C. She urged Council to make sure
that the Day Care component remains in the proposal that is on
tonight's agenda under the Planning and Development Committee.
Krys Cail, 337 DuBois Road, Vice - President Drop -in Children's
Center, addressed the Council on the need for expanded spaces for
low- income child care in the downtown Ithaca area. She stated
that the Center is in danger of losing State funding unless some
sort of timetable for when there will be a physical location that
is licensable is presented.
Route 96 Vote
Guy Gerard, 140 College Avenue, thanked the Council for their
vote on Route 96.
An American Festival
Sean Killeen, 111 Orchard Place, read the following statement to
Council as a citizen:
"For the past 6 months I have been a member of a steering
committee, along with Mimi Granger of G.I.A.C. and Rev. John
Taylor, former Chair of the Commons Advisory Board, and others.
With much pleasure and excitement I bring you a preview of
Collegetown's "American Festival" scheduled for September 17-
27, 1989.
These 10 days of visiting artists and performers will depict the
cultural diversity that enriches American life and is the
hallmark of our community.
An American Festival will be a celebration of heritage,
community, and the arts with the involvement of the Youth Bureau,
Southside Community Center, G.I.A.C., and the Senior Citizen
Center as well as other local and regional groups.
Come to Cornell's new Center for the Performing Arts for the
American Festival in September in Collegetown where life is
lively."
Mr. Killeen handed out brochures regarding the Festival.
Letter from the Northside - Cascadilla Civic Center Association re.
the Science Center
Alderperson Peterson read the following letter to the Council:
"Dear Friends:
We are enthusiastic at the prospect of the Science Center moving
to the old Sewage Treatment Site in our neighborhood. If the
project meets some of our goals for the neighborhood, as we
believe it could, it will certainly gain our support. We will
welcome it as an exciting educational resource for the Ithaca
community.
Chief among those goals is more green space for this area. The
demographics provided on this point show that we have many
elderly, children, low - income people without cars. Because we
have the smallest amount of green space to population of the
city's neighborhoods, we need more parks within walking distance.
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5 June 7, 1989
The Conservation Advisory Council has endorsed our request for
park space on the old Sewage Treatment site.
Additionally the neighborhood needs a buffer from Route 13's
traffic and noise, low generation of traffic, and the passive
recreational use of and access to Cascadilla Creek.
It is vital that our planning committee be included in all
negotiations that concern this site. When we read, in the Ithaca
Times, that part of this small site might be used in conjunction
with that
of the Paolangeli Parcel, we were alarmed. An
issue with such impact on our neighborhood needs to be discussed
with neighborhood representatives. Our planning committee stands
ready and willing to participate in the development of this site.
Please notify us of the next step. We intend that our views be
included."
RESPONSE TO THE PUBLIC:
Strand Theatre
Alderperson Romanowski questioned what organization has the
resources to undertake the rehabilitation of the theatre if it is
�.� put on hold or not sold at public auction. He remarked that
given its dilapidated condition, there is an investment of a
<1 great deal of money needed. If there is no organization or
individual willing to pick up this tab, is it expected that the
City taxpayers will undertake a rehabilitation of this particular
building and have it as a resource as a ballet or arts center.
He asked that people speak to him after the meeting if they have
ideas on this.
Drop -in Center
Alderperson Lytel stated that the resolution that is on tonight's
agenda will simply establish the client committee and the City
and everyone should be in favor of moving the entire process
forward.
Strand Theatre
Alderperson Cummings urged the persons who spoke regarding the
Strand Theatre, if they know of any individual or organization
who would be interested in rehabilitating the theatre or if they
would like additional information to please contact Kathy Evans
in the Planning Department.
Farmers' Market Lease
Alderperson Nichols stated in response to Paul Sayvetz's remarks
on the Farmers' Market Lease, that it was negotiated with all the
conditions and it was mutually agreed on and he thinks that while
it could be improved, it is a fair agreement.
Drop -in Center
Alderperson Peterson remarked that this issue will be discussed
again at the Human Services Committee meeting on June 19th.
Six Mile Creek Bikeways
Alderperson Hoffman followed up on the statement by Dr. Hersh
about the Six Mile Creek Bikeway. He stated
he was also at the
meeting at the Town of Ithaca and he reminded
the Town Board that
Common Council had passed a resolution at its
last meeting asking
the Town to defer final decision until the
Town and City had a
chance to meet and resolve some of the
possible points of
contention. He stated that no promises
were made at that
meeting, and to his knowledge the Town has not set up any
meetings with the City. He would hope that
either the Mayor or
the Intergovernmental Relations Committee would make a formal
request again to the Town that there be some
discussions on this
matter.
Drop -in Center
Alderperson Peterson remarked that this issue will be discussed
again at the Human Services Committee meeting on June 19th.
f)
6 June 7, 1989
REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS:
Board of Public Works
Commissioner Reeves reported on the following items from the
Board of Public Works:
Street Light at Sunrise Road and Taylor Place -
Commissioner Reeves stated that the Board received final figures
and the Street Light will be installed at that location.
Ithaca Transit Study - Commissioner Reeves reported that
the Ithaca Transit Study has been postponed until Fall of 1989
due to scheduling problems with the people at Cornell who were to
do the study.
Ithaca Transit Roadeo - Commissioner Reeves reported that
the Ithaca Transit Roadeo will be held on Sunday, June 11, at
Cass Park and invited Council to attend.
Community Gardens Water Service - Commissioner Reeves
reported that she had noted in the May 3rd Council minutes that
joint cooperation is required by the Budget and Administration
Committee, the Board of Public Works, and the Community Gardens
leadership to work out further rules and regulations regarding
the water service. To date no communications has occurred
between the committees so consequently there is no report
available tonight.
Alderperson Schlather responded that it will be put on the June
Budget and Administration agenda.
Proposed Curb -side Swap Day - Commissioner Reeves reported
that the matter of a "curb -side swap day" has been discussed by
the Committee of the Whole. The Board has come up with a list of
reasons why they feel this would not be a good idea. She
explained the reasons.
Commissioner Reeves answered questions from Council members
regarding striping of crosswalks, the blinking light at the Belle
Sherman School, expanding the kinds of materials that have to be
recycled, the re- bricking of Stewart Avenue and the Ithaca
Transit study.
Alderperson Cummings remarked that the "curb -side swap day" will
be looked at by the Planning and Development Committee with input
from the Board of Public Works.
Youth Bureau Board
Youth Bureau Director Cohen stated that this summer the City
Youth Bureau is going to co- sponsor with the County Youth Bureau
two community forums for all members of the City of Ithaca
community. This will be part of the broader effort of the 3 -year
County Youth Services Comprehensive Plan that is just beginning.
The Youth Bureau Board would like to ask Council and the Mayor to
co- sponsor the events. Mayor Gutenberger stated and the Council
agreed that there is unanimous approval of the Council to co-
sponsor the forums.
COMMUNICATIONS FROM THE MAYOR:
'We the People' Mural
Mayor Gutenberger stated that the painting that was commissioned
by the City for the Bi- Centennial of the Constitution which we
wrapped into the Centennial of the City of Ithaca is now in the
hallway outside Council Chambers.
Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That this Common Council expresses its appreciation and
thanks to Daniel Burgevin, the artist who painted the mural and
be it further
7 June 7, 1989
RESOLVED, That the Mayor be directed to send a letter of thanks
to the artist.
Carried Unanimously
Discussion followed on the floor on the site of the mural.
Update on Route 96
Mayor Gutenberger stated that in talking with the NYSDoT Regional
Director Richard Simberg this week, Mr. Simberg said that he is
optimistic that they will meet their reporting date of the end of
June for a report to the community of what alternative is going
to be recommended.
BUDGET AND ADMINISTRATION COMMITTEE:
*15.8 Release of 2% Money
By Alderperson Schlather: Seconded by Alderperson Romanowski
WHEREAS, the eight City Volunteer Fire Companies have requested
k�Q the release of so- called "old" 2% monies currently held by the
q) City; now, therefore, be it
RESOLVED, That to the extent that same is required by existing
�•� law, Common Council authorizes the Board of Fire Commissioners to
release $48,000 from the so- called "old" 2% monies and distribute
<1 the same in equal shares to the eight City Volunteer Fire
Companies, and be it further
RESOLVED, That to the extent that such authorization is not
required by existing law, the Common Council nevertheless concurs
in the action of the Fire Commissioners in releasing said funds
at this time.
Discussion followed on the floor.
(61ve A vote on the resolution resulted as follows:
Carried Unanimously
*15.10 Sale of Strand Theatre
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That Common Council authorizes the Mayor to enter into
a contract which would provide for the stipulated sale of the
Strand Theatre at public auction, with the distribution of the
proceeds in accordance with said provisions, and be it further
RESOLVED, That a copy of said contract shall substantially be in
accordance with the contract which was distributed by the City
Attorney as a Draft under date of May 25, 1989, and be it further
RESOLVED, That any distribution of proceeds by agreement of the
parties, whereby the City would receive less than its full lien
amount, would be subject to review by Common Council.
Alderperson Schlather stated that at the B &A meeting, they were
aware that there had been further discussion with respect to the
distribution of the proceeds. The concerns were that under the
proposal that was then on the table, that the contract provided
for pay off of the first mortgage, then tax liens, and also some
(awel money for the City Attorney to hire an Assistant Attorney to help
him out in this matter.
Alderperson Schlather further stated that the committee was
concerned because under mortgage foreclosure laws, the tax liens
would not be taking a back seat to these mortgage liens, so the
committee asked that Atty. Nash reconsider. Since that time, he
has, and there has been now proposed a contract which simply
provides for the sale to the highest bidder at public auction by
sealed bids, due by July 7, 1989.
City Atty. Nash explained that the general terms of the contract
are that the collection of City taxes is going to be determined
at some future point, the City is not waiving any rights to
I
8 June 7, 1989
collection of City taxes, but it is a complicated problem to
determine the priority of federal pay back, local property taxes
and mortgage lien on the property. Rather than fight about that
for a year or two, it seemed prudent to sell the building first
and fight about it later.
City Atty. Nash stated that the hope is that $300,000 will be
generated and everybody will be paid off but certainly with the
minimum price of $195,000, we have to have some procedure for
dealing with the deficiency.
Alderperson Schlather stated that part of this agreement is that
the parties agree, including the taxing authorities, that the
purchaser would be buying the property free and clear. City
Atty. Nash affirmed Alderperson Schlather's statement.
Further discussion followed on the floor on how the Ithaca Urban
Renewal Agency was involved in this matter.
In response to Alderperson Nicholls question of who is making
these decisions and who set the price of $195,000, Alderperson
Schlather stated that the City does not own the property; it is
owned by private parties. The City's interest in the property is
two - pronged, one is as protectorate of the ARC grant and secondly
as a taxing municipality with a tax lien on the proceeds. He
remarked that that building has remained vacant for six years and
over that time there has been frequent requests by Common Council
to do something in terms of either protecting our interests,
bringing it to sale, or whatever, instead of just letting it fall
down.
Alderperson Schlather further stated that Atty. Nash has finally
moved the process forward to the point where the taxing
authorities, the owners of the property, the ARC, and the City of
Ithaca are willing to agree that the property should be sold,
that thereafter the money be placed in `_ an escrow account, and
that if the parties cannot agree as to the division of those
monies, then the matter would be referred to a Court of competent
jurisdiction.
City Attorney Nash noted the ARC did prescribe these provisions
for a payback of the grant at less than 100 %. In other words, if
the property sold at public sale with sufficient advertisement to
the highest bidder, and not enough proceeds are generated to pay
back the ARC grant one hundred cents on the dollar, it will
accept less than one hundred cents on the dollar and will not
subject anybody to personal liability for a deficiency as long as
this type of sale procedure is conducted. He further stated that
ARC required the City to have an appraisal of the building before
we could decide on a sale procedure.
Alderperson Johnson asked for an explanation of how the Ithaca
Urban Renewal Agency was involved as one of the parties in this
matter.
City Attorney Nash responded that the City acted on behalf of ARC
and the Community Development Agency acted on behalf of the City.
Planning and Development Director Van Cort explained that the
Council directed the Urban Renewal Agency to act as its agent in
administering the ARC grant.
Alderperson Booth stated that there were several speakers this
evening urging the Council to take a radically different course
of action and he would like someone to state concisely why the
alternatives that were suggested tonight aren't very realistic or
not possible for the City to pursue.
City Attorney Nash responded that over the last six years, there
have been several efforts along these veins. None of them have
proved fruitful and unfortunately the liabilities mount and the
J
1)
9 June 7, 1989
condition of the building deteriorates. Staff has spent a
tremendous amount of time over those six years working with
people who had ideas for doing things. ARC, the City, and the
owners are convinced that it just does not make sense to follow
those efforts any further.
Further discussion followed on the floor.
_(400,1 A vote on the resolution resulted as follows:
Ayes (6) - Schlather, Romanowski, Lytel, Cummings, Booth,
Killeen
Nays (4) - Nichols, Johnson, Hoffman, Peterson
Carried
PLANNING AND DEVELOPMENT COMMITTEE:
*17.4 Ithaca Farmers' Market Lease Agreement
0J By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, Common Council has reviewed the terms of the proposed
long term lease agreement with the Ithaca Farmers' Market for
0.6 occupation of the Steamboat Landing site at Third Street, and
W�
WHEREAS, pursuant to section 3.9 of the Ithaca City Charter, the
F appropriate public notice of this proposed lease has been
published, and
WHEREAS, the tax assessor of Tompkins County has determined that
the subject parcel will remain wholly exempt from taxation
during the period of its use by the Farmers' Market; now,
therefore, be it
RESOLVED, That Common Council does authorize the long term lease
dated June 10, 1989, of approximately 5.8 acres at the Steamboat
(moo" Landing site to the Ithaca Farmers' Market, in accordance with
the approved terms and conditions, for sale of farm produce and
home - manufactured items ,which are made or grown by its members
within a 30 -mile radius of the City of Ithaca, and be it further
RESOLVED, That the Mayor be and hereby is authorized to execute
said lease agreement upon advice of the City Attorney.
Alderperson Schlather asked that the record reflect that he
opposes the lease. He thinks the terms are too generous in terms
of the Farmers' Market; that they are too frivolous in terms of
the needs of the community and future generations. He stated
that we are talking about a 20 -year lease at giveaway rates and
he is opposed to that.
Further discussion followed on the floor regarding the lease.
A vote on the resolution resulted as follows:
Ayes (8) - Lytel, Cummings, Nichols, Johnson, Booth,
Killeen, Hoffman, Peterson
Nays (2) - Schlather, Romanowski
Carried
* 17.5 GIAC Pool - Capital Proiect
By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, there is a need to replace the existing mini pool to
continue to provide a safe facility for swimming within walking
distance of Northside, Southside and other downtown
neighborhoods, and
WHEREAS, the Common Council has recognized that need and
allocated $22,500, or 50 of the estimated project cost, in the
1988 capital project budget to begin implementing the proposal to
construct a new pool, and
10
10 June 7, 1989
WHEREAS, steps for implementation, were developed during a
meeting held on April 3, 1989 between representatives of the
Department of Planning and Development, the Department of Public
Works, GIAC, and the Youth Bureau and are described in the
memorandum dated April 13, 1989; now, therefore, be it
RESOLVED, That the Common Council authorize the formation of a
Client Committee which will include representatives of the
Department of Planning and Development, the Youth Bureau, GIAC,
Engineering and /or the Department of Public Works, as well as a
member from each: the Common Council, the GIAC Board, and the
Planning and Development Board to act as the city's
representative, making recommendations to the Common Council and
the Board of Public Works as appropriate, and be it further
RESOLVED, That said Client Committee is authorized and directed
to issue requests for qualifications to architectural firms and
to interview and recommend the architect - consultant for the
project, and be it further
RESOLVED, That following approval of the consultant contract by
the Common Council, the Client Committee is authorized to
continue to act as the city's representative through design of
the project, referring the site plan to the Planning and
Development Board for advisory Site Development Plan Review, and
referring approval of the final project to Common Council, and
bidding and construction of the project to the Board of Public
Works.
Alderperson Cummings gave an explanation of the resolution and
discussion followed on the floor regarding the Client Committee.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That the Planning and Development Board be stricken
from the Client Committee.
Discussion followed on the floor on the amendment.
A vote on the amendment resulted as follows:
Ayes (2) - Booth, Hoffman
Nays (8) - Schlather, Peterson, Nichols, Romanowski, Lytel,
Cummings, Johnson, Killeen
Motion Fails
Main Motion
A vote on the Main Motion resulted as follows:
Carried Unanimously
* 17.6 GIAC Renovations - Capital Project
By Alderperson Cummings: Seconded by Alderperson Lytel
WHEREAS, there is a need to renovate the GIAC facility in order
to expand programs, possibly provide expanded space for day care,
improve accessibility and bring the structure into compliance
with building codes, and
WHEREAS, the GIAC Board still has the program scope under
advisement, and
WHEREAS, the City will soon be reviewing architects'
qualifications for work on the GIAC pool project, and
WHEREAS, some efficiencies could be realized by the committee in
interviewing architects for GIAC renovations during the same
sessions, and
WHEREAS, no architects will be hired for the GIAC renovations
without express approval by Common Council; now, therefore, be it
11
June 7, 1989
RESOLVED, That Common Council authorize the GIAC Pool Client
Committee also to make a recommendation on architect selection
for the GIAC renovation, and be it further
RESOLVED, That the Common Council authorizes the formation of a
Client Committee that will consist of staff from the Department
of Planning and Development, the Youth Bureau, GIAC, Engineering
and /or the Department of Public Works, as well as a member from
each: the Common Council, the GIAC Board, and the Planning and
�+ Development Board, to act as the city's representative, making
recommendations to the Common Council and the Board of Public
y. Works as appropriate, and be it further
RESOLVED, That said Client Committee is authorized and directed
to issue requests for qualifications to architectural firms and
to interview and recommend the architect - consultant for the
project, and be it further
RESOLVED, That following approval of the consultant contract by
the Common Council, the Client Committee is authorized to
�.� continue to act as the city's representative through design of
w the project, referring the Final Design to the Common Council for
Lf., approval and to the Board of Public Works for bidding and
construction.
Carried Unanimously
RECESS:
Common Council recessed at 9:17 p.m. and reconvened in regular
session at 9:30 p.m.
CHARTER AND ORDINANCE COMMITTEE:
* 14.1 A Local Law Amending Chapter 106 of the Municipal Code_
of the City of Ithaca with Respect to the Membership of the
Conservation Advisory Council of the City of Ithaca
By Alderperson Romanowski: Seconded by Alderperson Booth
LOCAL LAW NO. OF THE YEAR 1989
CITY OF ITHACA
A LOCAL LAW AMENDING CHAPTER 106 OF THE MUNICIPAL CODE OF
THE CITY OF ITHACA WITH RESPECT TO THE MEMBERSHIP OF THE
CONSERVATION ADVISORY COUNCIL OF THE CITY OF ITHACA.
BE IT ORDAINED AND ENACTED by the Common Council of the
City of Ithaca, New York as follows:
SECTION 1. AMENDING SUBDIVISION A OF SECTION 106.3 OF THE
CITY OF ITHACA MUNICIPAL CODE.
Subdivision A of Section 106.3 of the City of Ithaca
Municipal Code Entitled 'Membership' is hereby amended to read as
follows:
S 106.3 Membership
(400", A. The Commission shall consist of fifteen (15) members,
of whom nine (9) shall be voting members appointed by the Mayor,
subject to approval by Common Council, and the remainder shall be
ex- officio members as provided herein. All members shall be
appointed for full terms of two years. Persons residing within
the City of Ithaca and not more than two persons residing outside
the City of Ithaca who are interested in the improvement and
preservation of environmental quality shall be eligible for
appointment as members of the Commission. All members of the
Commission shall have reached their sixteenth birthday on the day
that their appointment takes effect, but not more than one voting
member shall not have reached his or her eighteenth birthday.
Vacancies on the Commission shall be filled in the same manner as
the original appointment, except that a vacancy occurring other
T 21
12 June 7, 1989
than by the expiration of the term of office shall be filled only
for the remainder of the unexpired term.
SECTION 2. EFFECTIVE DATE.
This Local Law shall take effect immediately after filing
in the Office of the Secretary of State.
Discussion followed on the floor regarding the residency
requirements to serve on a City Board or Committee. `
A vote on the resolution resulted as follows:
Carried Unanimously
* 14.2 A Local Law Amending Chapter 60 of the Municipal Code of
the City of Ithaca to Enable Designated Employees of the Police
Department to Enforce Parking Regulations of the Citv of Ithaca
and the State of New York
By Alderperson Booth: Seconded by Alderperson Johnson
LOCAL LAW NO. OF THE YEAR 1989
CITY OF ITHACA
A LOCAL LAW AMENDING CHAPTER 60 OF THE MUNICIPAL CODE OF
THE CITY OF ITHACA TO ENABLE DESIGNATED EMPLOYEES OF THE
POLICE DEPARTMENT TO ENFORCE PARKING REGULATIONS OF THE
CITY OF ITHACA AND THE STATE OF NEW YORK.
BE IT ENACTED by the Common Council of the City of Ithaca,
New York as follows:
SECTION 1. AMENDING SECTION 60.49 OF THE MUNICIPAL CODE OF
THE CITY OF ITHACA.
Section 60.49 entitled "Enforcement of Parking Regulations"
of Chapter 60 of the Municipal Code of the City of Ithaca
entitled "Traffic and Vehicles" is amended to read as follows:
Section 60.49 Enforcement of Parking Regulations
Employees of the Police Department of the City of Ithaca
who are not Police Officers and who are duly designated by the
Chief of Police as Parking Regulations Enforcement Officers shall
be authorized to issue appearance tickets for violation of any
provisions of Article IV of Chapter 60 of the Municipal Code of
the City of Ithaca and for violation of any provisions of Article
32 of the Vehicle and Traffic Law of the State of New York.
SECTION 2. EFFECTIVE DATE.
This Local Law shall take effect immediately after filing
in the office of the Secretary of State.
Alderperson Booth gave background information on the Local Law.
He stated that this Local Law means that the designated employees
will deal with parking violations other that metered parking
violations, such as odd -even parking, parking in front of fire
hydrants, blocking a driveway, etc.
Alderperson Cummings stated for the record that Police Chief
McEwen's willingness and enthusiasm in taking on this new task
was described to the Council as a part of his overall interest in
beefing up general traffic enforcement throughout the City. She
wants this Local Law to be seen as the first part of an overall
increased emphasis on the traffic concerns and is pleased that
the Police Department is doing this.
Alderperson Romanowski remarked that he hopes that this leads to
further discussion on the fines and regulations of other parking
13
June 7, 1989
problems such as driveways, hydrants, and 'No Parking' or 'No
Standing' zones. The fines that are in now in effect are not
reflective of all the costs of enforcement.
Further discussion followed on the floor.
A vote on the Local Law resulted as follows: Carried Unanimously
* 14.3 An Ordinance
Regulations' of the Ci
City Exactions of Money
By Alderperson Booth:
Amending Chapter 31 Entitled 'Subdivision
ty of Ithaca Municipal Code (Pertaininq to
for Park Purposes)
Seconded by Alderperson Nichols
ORDINANCE NO. 89
B. The Board of Planning and
that up to ten (10) percent
proposed plat be. reserved
purposes. The Board shall
and location of areas prop
park or recreation purposes.
Development may require
of the gross area of the
for park or recreation
approve the size, shape
osed to be reserved for
C. If the Board determines that a suitable park of
adequate size cannot be properly located in any such
plat or is otherwise not practical, the Board may
then require as a condition of approval of the plat a
payment to the City of Ithaca of an amount of two
thousand dollars ($2,000) for each lot in the
approved plat.
AN ORDINANCE AMENDING CHAPTER 31
ENTITLED 'SUBDIVISION
C\j
REGULATIONS' OF THE CITY OF ITHACA MUNICIPAL CODE.
�.�
BE IT ORDAINED AND ENACTED by
the Common Council of
Ithaca, New York as follows:
only for the following purposes:
SECTION 1. That Chapter 31
entitled "Subdivision
Regulations" is amended as follows:
located that it will serve primarily the general
neighborhood in which the plat is located.
1. That the existing section 31.48 is
deleted in its entirety
areas which serve primarily the general
and replaced with the following:
neighborhood in which the plat is located,
"Section 31.48 Park and Recreation
Areas
are established by the Board.
A. The plat shall show all areas proposed to be set
aside for park or recreation
areas. The plat shall
(4010",
show the size, character and
location of such park or
recreation areas, including
features such as trees,
rock outcrops, streams or ponds.
B. The Board of Planning and
that up to ten (10) percent
proposed plat be. reserved
purposes. The Board shall
and location of areas prop
park or recreation purposes.
Development may require
of the gross area of the
for park or recreation
approve the size, shape
osed to be reserved for
C. If the Board determines that a suitable park of
adequate size cannot be properly located in any such
plat or is otherwise not practical, the Board may
then require as a condition of approval of the plat a
payment to the City of Ithaca of an amount of two
thousand dollars ($2,000) for each lot in the
approved plat.
Such payment shall be paid to the City of Ithaca at
the time of final plat approval, and no plat shall be
signed by the authorized officer of the Board until
such payment is made. All such payments shall be
held by the City of Ithaca in a dedicated Park and
Recreation Area Improvement Fund, and shall be used
only for the following purposes:
1. The acquisition of land that is suitable for a
permanent park or recreation area that is so
located that it will serve primarily the general
neighborhood in which the plat is located.
2. The improvement of existing park or recreation
areas which serve primarily the general
neighborhood in which the plat is located,
provided that the need for such improvements
are established by the Board.
14 June 7, 1989
D. The Board of Planning and Development shall waive the
requirement that either park land be reserved or that
a payment be made to the City of Ithaca if either of
the following conditions exists:
1. The subdivision of land does not create
additional building lots; or
2. The parcel of land to
into not more than
provided that such wa
to the same parcel of
thereof, more than one
period."
be subdivided is divided
two (2) building lots,
iver shall not be applied
land, or subdivided parts
time in any ten (10) year
SECTION 2. This ordinance shall take effect immediately
and in accordance with law upon publication of a notice as
provided in Section 3.11(B) of the Ithaca City Charter.
Alderperson Booth gave background information on the resolution.
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the second paragraph under 1C. read as follows:
"Such obligation shall be a lien against the premises, duly
recorded in the City Clerk's office, and shall be paid to the
City of Ithaca on a lot by lot basis no later than when a
building permit is first issued for that lot. All such payments
shall be held by the City of Ithaca in a dedicated Park and
Recreation Area Improvement Fund, and shall be used only for the
following purposes:"
Alderperson Schlather explained the reason for the amendment.
Further discussion followed on the floor regarding the amendment.
Motion to Refer to Committee
By Alderperson Booth: Seconded by Alderperson Lytel
RESOLVED, That the Ordinance amending Chapter 31 entitled
'Subdivision Regulations' of the City of Ithaca Municipal Code be
referred to the Planning and Development Board and the Planning
and Development Committee for review and report back to Common
Council.
Ayes (9) - Schlather, Lytel, Cummings, Nichols, Johnson,
Hoffman, Peterson, Booth, Romanowski
Nay (1) - Killeen
Carried
Tree Ordinance - Report
Alderperson Booth reported that the committee has drafted a Tree
Ordinance and it has been referred to the Board of Public Works
for a final review. He expects that the Board will act on it at
its meeting of June 14th and it should be back to the Council for
its action at the July meeting. He informed the Council that the
ordinance deals with trees on public property only.
BUDGET AND ADMINISTRATION COMMITTEE:
* 15.1 Building Inspector III Position
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That William Kaupe be appointed to the position of
Building Inspector III at an annual salary of $22,378, which is
Grade 27, Step 3 on the C.S.E.A. Administrative Unit Compensation
Plan, effective June 5, 1989.
Carried Unanimously
* 15.2 Evaluation of City Owned Property
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That the City enter into a contract with Charles W.
Barber, in an amount not to exceed $3,000, to provide Step II of
0
'r
1i
15
June 7, 1989
a comprehensive evaluation of City owned property and its
existing use, and be it further
RESOLVED, That $3,000 be transferred from Account A 1990,
Unrestricted Contingency, to Public Works Administration Account
A1490 -430 for said purpose. Carried Unanimously
* 15.3 Engineering Department Employment of Summer Students
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the City Engineer be authorized to hire two summer
students under the Cornell Tradition Program to assist his staff
in the performance of its extensive 1989 work program, and be it
further
RESOLVED, That $4,000 be transferred from line item A1440 -100
Staff Salaries, to line item A 1440 -435, Contractual Services,
for the purpose of implementing said program.
Carried Unanimously
-n� * 15.4 Rehabilitation of Water Tanks
By Alderperson Schlather: Seconded by Alderperson Booth
WHEREAS, additional funds are required to award contracts for the
painting of the Maple Avenue and Cliff Park Water Tanks; now,
therefore, be it
RESOLVED, That $40,000 be transferred from F8341 -435 Transmission
and Distribution Maintenance to F8344 -475, Maintenance of
Standpipes.
Carried Unanimously
* 15.6 Budget Amendment - GIAC Summer Program
By Alderperson Schlather: Seconded by Alderperson Cummings
(4000.1 WHEREAS, GIAC has received $2,500 from the Ithaca City School
District, and expects to receive an additional $2,500 from
Cornell University to fund a summer education program; now,
therefore, be it
RESOLVED, That the 1989 Budget for GIAC Programming be amended by
increasing Account A7311 -445 by $1,500 and Account A7311 -460 by
$3,500, contingent upon the receipt of said funds, and be it
further
RESOLVED, That 1989 estimated revenue be amended by increasing
Account A2350 by $2,500 and Account A2705 by $2,500 respectively.
Carried Unanimously
Cass Park Second Ice Rink - Report
Alderperson Schlather reported that the Budget and Administration
Committee is negotiating with the Youth Hockey Association. The
association is making a proposal whereby they would give to the
City $500,000 to be applied toward the purchase of the rink. The
City would build and finance the rink. The rink would cost
approximately $1.1 million and the City would end up operating it
under their own terms with input from the Youth Hockey
Association. There should be a resolution for the Council to act
on at the July meeting.
* 15 .9 Center Ithaca Expansion
Substitute Resolution
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That Common Council hereby authorizes the proposed
expansion of retail space of Center Ithaca contingent upon
1) all approval associated with the building permit
process;
2) retirement of the City's first mortgage in the land
under the Green Street Garage now owned by G &M
Associates (such retirement to occur before a
I (), 1
16 June 7, 1989
building permit is issued for the above noted
expansion); and
3) execution of a modification and acknowledgement
instrument by the mortgagor in the Center Ithaca
Building, Ithaca Center Associates, in a form
approved by the City Attorney which clarifies the
City's rights under the existing mortgages.
Discussion followed on the floor.
Alderperson Schlather explained that the Budget and
Administration Committee looked at this from two perspectives.
He stated that the committee felt that this would only serve to
enhance the City's position financially in this particular
project. The City will get their first mortgage paid off, which
is important and in terms of the viability of the project, this
would enhance the viability financially and thereby lend greater
assurance that the City will eventually collect in full on our
second and third mortgages which we presently hold on the site.
Thus, from a fiscal standpoint and a planning standpoint the
committee felt the project made sense.
Further discussion followed on the floor regarding the project
and the role that the Planning Board's decision - making process
will have in the matter.
City Attorney Nash referred to and read from the contract with
the Center Ithaca Associates. Planning and Development Director
Van Cort answered questions from Council members.
A vote on the resolution resulted as follows:
Ayes (8) - Schlather, Romanows:;i, Cummings, Johnson,
Lytel, Peterson, Hoffman, Killeen
Nays (2) - Booth, Nichols
Carried
Permanent Shelter for Homeless Persons - Report
Alderperson Schlather reported that this matter was tabled at the
Budget and Administration Committee. Since the committee meeting
he has spoken with Stuart Stein and Alderperson Lytel has spoken
with Mary Call and it is going to be considered by the County at
their meeting in June and the hope is that the County will either
fund the entire $3,000 or at least fund a portion of that.
Discussion followed on the floor on the report. Alderperson
Schlather asked Alderperson Cummings to put Resolution 17.7,
Shelter for Homeless on the floor.
PLANNING AND DEVELOPMENT COMMITTEE:
* 17.7 Shelter for Homeless
By Alderperson Cummings: Seconded by Alderperson Schlather
WHEREAS, Tompkins County has primary responsibility for supplying
social services to the homeless, and
WHEREAS, a serious problem of homelessness now exists in the city
and the County, and
WHEREAS, the South Side Center has been fulfilling an important
role in housing homeless people during the months of inclement
weather, and
WHEREAS, by this resolution the City does not intend to
substitute its own resources for that of the County in providing
services to the homeless; now, therefore, be it
RESOLVED, That the Planning and Development Department is
directed to prepare a proposal or proposals to appropriate
funding agencies for money to establish a year -round permanent
shelter for homeless persons living in the Ithaca area. In doing
J
17
17 June 7, 1989
so the department shall work in cooperation with Tompkins County
and other involved agencies, and be it further
RESOLVED, That funds up to $3,000 be taken from unrestricted
contingency and added to the 1989 Planning Department budget for
this purpose.
Discussion followed on the floor. Alderperson Schlather remarked
that when this was presented to the Budget and Administration
Committee the details were sketchy and the County had not been
approached. The County has now been approached and has indicated
a serious interest in participating and perhaps paying this
entire cost which mitigates against action tonight.
Alderperson Lytel argued that time is running out and we must get
started on solving this problem without further delayy. Work that hathio
Evans is doing is investigatory_ work leadinU to a cos ible apI)li_cation to the State
Tabling Motion for money for a ne« shelter. 'I'lle 3,000 does not buy the City a
t_ ,t com�letecl ap lication, addecl at the 7/5/89 meeting)
(11 By Alderperson Schlather: econded by Alderperson Hoffman
RESOLVED, That the resolution regarding Shelter for Homeless
Persons be tabled.
�j Ayes (3) - Schlather, Hoffman, Romanowski
�-4 Nays (7) - Cummings, Peterson, Nichols, Lytel, Johnson,
Killeen, Booth
Motion Fails
Main Motion
Further discussion followed on the floor on the Main Motion.
A vote on the Main Motion resulted as follows:
(�Iwoe Ayes (8) - Lytel, Cummings, Nichols, Johnson, Booth,
Killeen, Peterson, Hoffman
Nays (2) - Schlather, Romanowski
Carried
BUDGET AND ADMINISTRATION COMMITTEE:
* 15.12 Funding for United Arts Fund
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That $5,000 originally budgeted as a contribution to
the Tompkins County Arts Council, be hereby appropriated to the
United Arts Fund for distribution to various art organizations.
Carried Unanimously
* 15.13 Health Insurance - Charge to Retirees and Employees on
Leave
By Alderperson Schlather: Seconded by Alderperson Killeen
WHEREAS, the 1989 -90 estimated cost of the City's Health
Insurance, as projected by Blue Cross /Blue Shield has been
increased by 19.6 %, and
WHEREAS, the interim rate established by Common Council July 6,
1988 did not reflect the total estimated increase for 1988 -89,
thereby postponing 25% of the then 51% increase, and
WHEREAS, the total impending increase is 44.6% inclusive; now,
therefore, be it
RESOLVED, That revised interim rates be established for retirees
and those employees on a leave of absence at 25% above the
existing 1988 -89 rates.
Discussion followed on the floor. Alderpersons Killeen and
Romanowski asked if something could be done to make this increase
less severe on the retirees.
Alderperson Schlather explained that last year the rate increase
should have been 51% and the City decided to do it in a two step
process - 25% last year and 26% this year. The increase for this
year was 19.6% so that now if we were to catch up to the rate
18
18
June 7, 1989
that it should be it would be a 44% increase. The recommendation
from the Budget and Administration Committee was not to go a full
44% but simply go to the 25 %. The idea is to phase in the rate
increase.
City Controller Cafferillo answered questions from Council
regarding the increase.
Amending Resolution
By Alderperson Killeen: Seco
RESOLVED, That the revised
retirees and those employees
the existing 1988 -89 rates.
nded by Alderperson Schlather
interim rates be established for
on a leave of absence at 22% above
Carried Unanimously
Main Motion as Amended
A Vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
* 15.14 Fire Department Position - Volunteer Coordinator
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That the position of Volunteer Coordinator be placed in
the CSEA Administrative Unit at Grade 22 of the 1989 Compensation
Plan (40 hours), and be it further
RESOLVED, That said position is
position with a salary of $8,469
Civil Service Commission.
a twenty (20) hour per week
to $10,753, as approved by the
Carried Unanimously
* 15.15 Fire Department Position - Municipal Training Officer
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That the position of Municipal Training Officer be
established on the Managerial Compensation Plan for those not
covered by a Bargaining Unit, at a salary range for $28,710 to
$42,496, as approved by the Civil Service Commission.
Carried Unanimously
* 15.16 Audit
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That the bills presented, as listed on Audit Abstract
#10/1989, in the total amount of $30,824.97, be approved for
payment.
Carried Unanimously
* 15.17 City Controller Appointment
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That Dominick R. Cafferillo be appointed to the
position of City Controller at a starting salary of $55,632.00,
effective May 29, 1989.
Carried Unanimously
Mr. Cafferillo took the oath of office and was sworn in by City
Clerk Paolangeli.
*
15.5 Increased Authorization - Stewart Avenue Bridge
By Alderperson Schlather: Seconded by Alderperson Killeen
WHEREAS, the current authorization for the reconstruction and
painting of the Stewart Avenue Bridge is $500,000, and the lowest
bid received was in excess of said authorization, and
WHEREAS, the City Engineer and Board of Public Works have
recommended a reduction in the scope of work, by deleting the
cost of painting said bridge at this point in time, and
WHEREAS, the amended cost of reconstruction only, inclusive of
engineering supervision and contingencies is estimated to be
$530,000; now, therefore, be it
19 June 7, 1989
RESOLVED, That Capital Project #219 Reconstruction of the Stewart
Avenue Bridge, be increased from $500,000 to $530,000, and that
the amended financing plan be established as follows:
State Aid $100,000
Bond Anticipation Notes $430,000
Total $5301000
Alderperson Schlather explained that the City Attorney has
recommended that this project be re -bid. Notwithstanding that
recommendation, the Board of Public Works passed on the project,
recommended award of a revised bid to the lowest bidder on this
particular component, sent it on to the Budget and Administration
Committee, and approved the project contingent upon Common
Council's approval.
a
City Attorney Nash explained his reasons for the recommendation
that he has made on this matter. He stated that the original
�.� contract was for $650,000 and we were looking at a change of
approximately $160,000 in that contract, which is something on
the order of 30 %. He stated that is a fairly large change in a
contract; usually change orders are minor. The rationale is that
you are supposed to bid it so that you can get the lowest price
for the project and if you make a substantial change in it, it
becomes difficult to verify whether or not you have received the
lowest bid for the modified project.
Further discussion followed on the floor. City Engineer Gray
answered questions from the Council regarding the project and the
contract. He remarked that the bridge has been downgraded from a
20 ton bridge to a 13 ton bridge within the last year.
Fire Chief Olmstead remarked that none of the fire fighting
apparatus can cross that bridge at this time.
Alderperson Schlather asked City Attorney Nash what would happen
if the City were to determine that emergency measures compelled
repair of the bridge. Could some of these re- bidding risks be
eliminated by a making a finding that there is an emergency?
City Attorney Nash read from the Municipal Law regarding an
emergency situation and stated that if there is a threat to the
life and health safety of a property or the inhabitants of the
City of Ithaca that requires immediate action, and we cannot wait
for competitive bidding, the appropriate officer, board, or
agency can go forward.
Alderperson Nichols left the meeting at 10:55 p.m.
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That there be a fourth WHEREAS added to the resolution
to read as follows: "WHEREAS, for life, health and safety
reasons including full access for fire protection to the Cornell
Heights portion of the City it is imperative to reconstruct this
bridge in 1989 which reconstruction would not be possible if this
project were required to be re -bid;
and that a new first RESOLVED, be added to read as follows:
"RESOLVED, That to the extent that re- bidding may be necessary
for this project, then the same be waived because of the
emergency nature of this reconstruction, and be it further, etc."
A vote on the amendment resulted as follows:
Carried (9 -0)
20
20 June 7, 1989
Main Motion as Amended
The Main Motion as Amended reads as follows:
WHEREAS, the current authorization for the reconstruction and
painting of the Stewart Avenue Bridge is $500,000, and the lowest
bid received was in excess of said authorization, and
WHEREAS, the City Engineer and Board of Public Works have
recommended a reduction in the scope of work, by deleting the
cost of painting said bridge at this point in time, and
WHEREAS, the amended cost of reconstruction only, inclusive of
engineering supervision and contingencies is estimated to be
$530,000, and
WHEREAS, for life, health and safety reasons including full
access for fire protection to the Cornell Heights portion of the
City it is imperative to reconstruct this bridge in 1989, which
reconstruction would not be possible if this project were
required to be re -bid; now, therefore, be it
RESOLVED, That to the extent that re- bidding may be necessary for
this project, then the same be waived because of the emergency
nature of this reconstruction, and be it further
RESOLVED, That Capital Project #219 Reconstruction of the Stewart
Avenue Bridge, be increased from $500,000 to $530,000, and that
the amended financing plan be established as follows:
State Aid $100,000
Bond Anticipation Notes $430,000
Total $530,000
A vote on the Main Motion as Amended resulted as follows:
Carried (9 -0)
HUMAN SERVICES COMMITTEE:
County /City Youth Bureau - Report
Alderperson Peterson reported that the meetings with the County
regarding the County /City Youth Bureau have been ongoing. This
subcommittee has been charged to try to come up with some idea of
how the City can best more efficiently serve the youth in the
community and the rest of the County. The sub - committee is in
the process of writing a resolution that will go to the County
Board and the City Council.
Alderperson Booth stated for the clarification that what the new
committee is talking about will not deal with recreation
services. It deals with only youth development and recreational
mainstreaming.
Alderperson Peterson said that what the City wants to make clear
to the County is that recreational fees will still be at a triple
rate or whatever the City sets.
Towards a Permanent Homeless Shelter - Report
Alderperson Peterson asked if any Council member has anything to
add after the items that were on the agenda under the Budget and
Administration and Planning and Development Committees.
Alderperson Lytel stated that there is going to be a request for
the Human Services Committee to consider which will then go to
the Budget and Administration Committee for a very sizeable
amount of money to run the shelter for next year; Southside is
asking for staff support. It is going to be a difficult decision
that is going to need to be made by the August meeting of
Council.
21
21 June 7, 1989
Letter from Homes, Inc. - Report
Alderperson Peterson referred to a letter from Homes, Inc. to
John Grover, Office of Shelter and Supported Housing Development,
that she had handed out to Council members before the meeting.
She stated that the letter is a draft that she and the Director
of Homes, Inc. worked up. Alderperson Peterson stated that she
thinks it is in a form that is appropriate. She asked that it be
(Ww'e, re -typed on City letterhead.
Resolution
By Alderperson Peterson: Seconded by Alderperson Killeen
RESOLVED, That this Common Council approves this letter and that
it be re -typed on Mayor Gutenberger's letterhead, with the
notation that the letter has been approved by the entire Common
Council.
Carried (9 -0)
PLANNING AND DEVELOPMENT COMMITTEE:
*17.1 Van Natta Dam RFP - Developer Selection Committee
�t By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, Common Council has authorized the preparation of a
Request For Proposals for development of the Van Natta Dam
Hydroelectric Project by private entities, and
WHEREAS, the Request For Proposals has been prepared, advertised
and distributed, and
WHEREAS, the deadline for responses to said RFP is July 14, 1989;
now, therefore, be it
RESOLVED, That a Developer Selection Committee be established to
review responses to the RFP and recommended a preferred
developer, and be it further
RESOLVED, That such committee be composed of representatives from
the following:
Hydropower Commission
Board of Public Works
City Engineer's Office
City Planning Department
Controller's Office
Common Council (2 members)
Six Mile Creek Overseer Committee
Discussion followed on the floor on the composition of the
committee. Alderpersons Hoffman and Nichols were appointed to
serve as representatives from Common Council.
A vote on the resolution resulted as follows:
Carried (9-0)
Ithaca Industrial Park - Evaluation of Rent /Buy -out Charge -
Report
Alderperson Cummings reported that the matter has been discussed
at the Committee and at Urban Renewal Agency meetings. The
(4wool Committee will bring a recommendation to the Council at the July
meeting.
*•17.3 Central Business District Historic Resources Survey - CLG
Subgrant Proposal
By Alderperson Cummings: Seconded by Alderperson Peterson
WHEREAS, the City of Ithaca has been designated a Certified Local
Government by the New York State office of Parks, Recreation and
Historic Preservation, and
WHEREAS, ten percent (10 %) of funds allocated to New York State
for preservation activities are made available exclusively to
Certified Local Governments on a competitive basis, and
29
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22
June 7, 1989
WHEREAS, Ithaca 's downtown core is vulnerable to redevelopment
pressure, particularly after the three recent fires which have
damaged and destroyed four historic buildings, and
WHEREAS, at the meeting held April 25, 1989, the Board of
Planning and Development requested that the Ithaca Landmarks
Preservation Commission explore the viability of a downtown
historic district; now, therefore, be it
RESOLVED, That the Common Council hereby authorizes the Director
of Planning and Development to submit to the New York State
Office of parks, Recreation and Historic Preservation an
application for funding to conduct an historic and architectural
resources survey of the downtown area, with the City's share of
the cost to be matched with funds already allocated to the
Department of Planning and Development.
Alderperson Cummmings gave background information on the
resolution.
A vote on the resolution resulted as follows:
Carried (9 -0)
* 17.8 R -2c Zoning
By Alderperson Cummings: Seconded by Alderperson Killeen
RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGES
TO THE ZONING ORDINANCE AND PROVIDING FOR
PUBLIC NOTICE AND PUBLIC HEARING
RESOLVED, That Ordinance Number 89 - entitled "An Ordinance
Amending Sections 30.3, 30.21, 30.25 AND 30.26 of Chapter 30
Entitled 'Zoning' of the City of Ithaca Municipal Code" be and it
hereby is introduced before the Common Council of the City of
Ithaca, New York, and be it further
RESOLVED, That the Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid ordinance to be held
at the Common Council Chambers, City Hall, 108 East Green Street,
Ithaca, New York on Wednesday July 5, 1989 at 7:00 p.m., and
be it further
RESOLVED, That the City Clerk give notice of such public hearing
by the publication of a notice in the official newspaper,
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. Such notice shall be published once at least fifteen
days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Board of Planning and Development and the Tompkins County
Planning Board a true and exact copy of the proposed ordinance
for its report thereon.
ORDINANCE NO. 89 -
AN ORDINANCE AMENDING SECTIONS 30.3 30.21 30.25 AND
30.26 OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA
MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the
City of Ithaca, New York as follows:
SECTION 1. AMENDING SECTION 30.3, DEFINITIONS.
1. That the definition for "Dwelling, one - family" shall
be amended to read as follows:
23
June 7, 1989
"'Dwelling, one - family' shall mean a dwelling unit
occupied exclusively for residential purposes by an individual or
family and not more than one (1) unrelated individual, or a
functional family unit. In the R -1 zones, occupancy by an
individual or a family plus not more than two (2) unrelated
individuals is permitted if the dwelling is owner - occupied. In
the R -2 and R -3 zones, occupancy be an individual or a family
plus not more than two (2) unrelated individuals is permitted. A
one- family dwelling may be constructed in any of the following
configurations, as permitted in specific zoning districts:
A. One - family dwelling, detached - A building containing
not more than one dwelling unit.
B. One - family dwelling, detached, zero lot line - A
building containing not more than one dwelling unit
which is sited so that the side of the building is on
aj or near the side property line of the parcel on which
r it is built.
C. One - family dwelling, semi - detached - A building
containing not more than two one - family dwellings,
each of which shares a single common wall or other
common structural elements with the other dwelling
unit in the building.
D. One - family dwelling, attached - A building containing
three or more one - family dwellings, each of which
shares one or more common walls or structural
elements with the other one - family dwellings in the
building. A maximum of six (6) dwelling units may be
attached to form a single building.
2. That the definition for "Dwelling, two - family ", be
deleted in its entirety.
SECTION 2. AMENDING SECTION 30.21, ESTABLISHMENT OF
ZONING DISTRICTS.
1. That Section 30.21, Establishment of Zoning Districts, be
amended to add the following new zoning district, to be
inserted after the words 11R -2b Residential ":
"R -2c Residential".
SECTION 3. AMENDING SECTION 30.25, DISTRICT REGULATIONS
1. That Section 30.25, District Regulations Chart, be amended
as follows:
A. Under Column 2, Permitted Primary Uses, for the R -1
districts, change "One- family dwelling" to "One -
family detached dwelling ".
B. Under Column 2, Permitted Primary Uses, for the R -2
districts, change "One- family dwelling" to "One-
family detached dwelling ".
C. Under Column 2, Permitted Primary Uses, for the R -2
districts, change "Two- family dwelling" to "One -
family semi - detached dwelling ".
D. Under Column 2, Permitted Primary Uses, add the
following:
11R -2c only: Single- family detached, zero -lot line
"R -2c only: Single - family attached dwelling.
E. Under Column 2, Permitted Primary Uses, for the R -3
districts, change "One- or two - family dwelling" to
24
24
June 7, 1989
"One- family detached, semi - detached or attached
dwelling ".
F. Under Column 2, Permitted Primary Uses, for the R -U
district, change "One- or two - family dwelling to
"One- family detached, semi - detached or attached
dwelling ".
G. Under Column 3, Permitted Accessory Uses, for the R -2
districts, add "3. R -2c only; Private garage for not
more than six (6) cars per building."
H. Under Column 6, Minimum Lot Size, Area in Square Feet
and Column 7, Minimum Lot Size, Width in Feet at
Street Line, change all references to "One- family
dwelling" to "One- family detached dwelling" and all
references to "Two- family dwelling" to "One- family
semi - detached dwelling ".
I. Under Column 6, Minimum Lot Size, Area in Square
Feet, add under the subdistrict heading 1IR -2c":
"1. One - family detached: 2500 for the first legal
occupant, plus 500 for each additional legal
occupant.
2. One - family semi - detached: 2000 for the first
legal occupant in each dwelling unit, plus 400
for each additional legal occupant in each
dwelling unit.
3. One - family attached: 1500 for the first legal
occupant in each dwelling unit, plus 300 for
each additional legal occupant in each dwelling
unit, plus 500 for each additional legal
occupant in each dwelling unit in excess of five
(5) legal occupants.
4. Other uses: 4000
J. Under Column 7, Minimum Lot Size, Width in Feet at
Street Line, add under the subdistrict heading "R-
2c":
1. One - family detached: 40
2. One- family semi - detached: 50
3. One - family attached: 50
4. Other uses: 40
K. Under Column 8, Maximum Building Height, Number of
Stories, add under the subdistrict heading "R -2c":
n3n.
L. Under Column 9, Maximum Building Height, Height in
Feet, add under the subdistrict heading "R -2c":
"35 ".
M. Under Column 10, Maximum Percent Lot Coverage By
Buildings, add under the subdistrict heading: "R -2c":
1. One - family detached: 35
2. One - family semi - detached: 40
3. One - family attached: 50
4. Other Uses: 35
25 June 7, 1989
N. Under Column 11, Yard Dimensions, Front, Minimum
Required, add under the subdistrict heading "R -2c ":
111011.
0. Under Column 12, Yard Dimensions, Side, One Side at
Least, add under the subdistrict heading "R -2c ":
1. One - family detached: 10
2. One - family detached,
zero lot line: 15
3. One - family semi-
detached, unattached sides
only: 10
SECTION 4. AMENDING SECTION 30.26, STANDARDS FOR SPECIAL
CONDITIONS AND SPECIAL PERMITS.
1. That Section 30.26(B), Special Conditions, Group Care
Residence, be amended by adding the following under 113.
Density controls at individual facility level:"
DISTRICT R -2c
TOTAL AREA IN SQUARE FEET 3, 0 0 0 f o r
first 6
residents +
1,000
for each add'1
resident
WIDTH IN FEET AT STREET LINE 40
SIDE YARDS 10 - 10
MAXIMUM NUMBER OF RESIDENTS 10
4. One - family attached,
unattached sides only:
10
P. Under Column 13, Yard Dimensions,
Side, Other Side at
Least, add under the subdistrict
heading 11R -2c ":
1. One - family detached:
5
2. One - family detached,
zero -lot line:
0
3. One - family detached, zero-
lot line, on side abutting a
non - zero -lot line building:
5
4. One - family semi - detached,
attached sides:
0
5. One - family attached,
attached sides:
0
Q. Under Column 14, Yard Dimensions,
Rear, Percent of
Depth, add under the subdistrict
heading "R -2c ":
"25 ".
R. Under Column 15, Yard Dimensions,
Rear, Maximum
Required in Feet, add under the
subdistrict heading
"R -2c": 1150 ".
SECTION 4. AMENDING SECTION 30.26, STANDARDS FOR SPECIAL
CONDITIONS AND SPECIAL PERMITS.
1. That Section 30.26(B), Special Conditions, Group Care
Residence, be amended by adding the following under 113.
Density controls at individual facility level:"
DISTRICT R -2c
TOTAL AREA IN SQUARE FEET 3, 0 0 0 f o r
first 6
residents +
1,000
for each add'1
resident
WIDTH IN FEET AT STREET LINE 40
SIDE YARDS 10 - 10
MAXIMUM NUMBER OF RESIDENTS 10
26
26
June 7, 1989
2. That Section 30.26(C), Special Permits, be amended by
adding the following under Paragraph 4 (iv) after the
label "R -2b ":
"R -2c ".
SECTION 5. EFFECTIVE DATE.
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in Section
3.11(B) of the Ithaca City Charter.
Resolution to Refer to Committee
By Alderperson Romanowski: Seconded by Alderperson Killeen
RESOLVED, That the matter of an Ordinance amending Sections 30.3,
30.21, 30.25 and 30.26 of Chapter 30 entitled 'Zoning' of the
City of Ithaca Municipal Code be referred back to the Planning
and Development Committee for review.
Carried (9 -0)
INTERGOVERNMENTAL RELATIONS COMMITTEE:
*18.1 Resolution of Extension for Purchase of City Hall Annex
By Alderperson Cummings: Seconded by Alderperson Peterson
RESOLVED, That the following amendments be made to the purchase
agreement of December 8, 1988 with Charles Schlough for the sale
of the City Hall Annex building:
(a) Paragraph III of the Purchase Offer is deleted in its
entirety;
(b) Paragraph X is deleted in its entirety and there is
substituted therefor the following:
"At closing Seller shall deliver to Buyer a Warranty Deed
for the consideration stated hereinabove, sufficient to convey
good marketable title in fee simple, free and clear of all liens
and encumbrances except as stated herein. The closing shall take
place in Ithaca, New York, on or before December 31, 1989."
"As and for liquidated damages for Buyer's failure to
close pursuant to the Purchase Offer on or by June 8, 1989, Buyer
shall pay to Seller at closing a sum equal to Seventy and No /100
Dollars ($70.00) multiplied by the number of days following June
8, 1989 that the closing actually occurs. In addition, Buyer
shall forfeit the $5,000.00 deposit paid pursuant to Paragraph
II -A in the event closing does not occur on or by December 31,
1989.";
(c) Paragraph
add the f(
"The preceding
which occurs as a
foreclosure or a deed
XII -8 of said Purchase Offer is amended to
allowing language thereto:
shall not apply to an involuntary transfer
matter of law pursuant to a mortgage
in lieu of foreclosure."
Carried (9 -0)
Correction of May 3, 1989 Common Council Minutes in Reference to
the Resolution for Extension for Purchase of City Hall Annex
By Alderperson Hoffman: Seconded by Alderperson Booth
RESOLVED, That the May 3, 1989 Common Council Minutes (page 25)
under (c) be corrected to read as follows: "Paragraph XII -8 of
said Purchase Offer is amended to add the following language
thereto:
'The preceding shall not apply to an involuntary transfer
which occurs as a matter of law pursuant to a mortgage
foreclosure or a deed in lieu of foreclosure. "'
Carried (9 -0)
ry ;JI
27 June 7, 1989
UNFINISHED AND MISCELLANEOUS BUSINESS:
Cystic Fibrosis Fund Raiser
Alderperson Cummings reported on a phone call she has received
from an agency in Syracuse organizing fund raising events for
Cystic Fibrosis which involves jailing and hostage- taking, etc.
and she wondered what the City's approach is to this type of
fund raiser.
Mayor Gutenberger replied that the Mayor's Office receives many
of those types of calls from organizations and the standard
answer is that they will not participate in this type of fund
raiser and that the community is very sensitive to the type of
fund raiser that involves hostage taking, jailing, and paying
ransom.
NEW BUSINESS•
Televising of Common Council Meetings
Pt; Alderperson Lytel reported that this evening is the first Common
�! Council meeting that is being cable -cast directly as a result of
"i the City's new cable franchise. He spoke on the lighting that is
required to have the meetings televised.
Discussion followed on the floor on the energy aspect of the
lighting system in question.
Resolution to Refer to th,
By Alderperson Cummings:
RESOLVED, That the matter
the cable - casting of the
the Department of Public
the Common Council at its
Department of Public Works
Seconded by Alderperson Johnson
of lighting Common Council Chambers for
Common Council meetings be referred to
Works for review and a report back to
July meeting.
Carried (9 -0)
(600", "Housing Now!"
By Alderperson Killeen: Seconded by Alderperson Johnson
WHEREAS, three items (15.11, 16.2, 17.7) on this Agenda are
concerned with Homeless Housing, and
WHEREAS, this focus is indicative of this Council's recognition
of the community crisis in available, affordable housing for many
sectors of the public, including the homeless, and
WHEREAS, a local effort spearheaded by the Homeless Task Force is
now underway to stimulate participation in a developing national
program - "Housing Now! ", and
WHEREAS, this Council's encouragement of local, grass -roots
involvement in "Housing Now!" is consistent with and beneficial
to the attack on Ithaca's housing crisis; now, therefore, be it
RESOLVED, That this Common Council urges support for the "Housing
Now!" effort being organized by the Homeless Task Force, and be
it further
RESOLVED, That the Homeless Task Force is invited to report to
this Common Council at its September meeting (9/6/89) on the
(40� local progress of "Housing Now! ", and be it further
RESOLVED, That this matter is referred to the Human Services
Committee for their consideration and possible additional
enhancement.
Carried (9 -0)
August Common Council Meeting Time
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That due to the Empire State Games the August meeting
of Common Council will be held on Tuesday, August 1, 1989.
Carried (9 -0)
M
Adjournment
On a motion the meeting adjourned at 11:3
Callista F. Paolangeli v
City Clerk .
June 7, 1989
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M. June 7, 1989
PRESENT: Mayor Gutenberger
Alderpersons (10) - Booth, Cummings, Johnson, Nichols,
Hoffman, Killeen, Lytel, Peterson,
Schlather, Romanowski
OTHERS PRESENT:
City Attorney - Nash
City Clerk - Paolangeli
City Controller - Cafferillo
Director, Planning and Development - Van Cort
Deputy Director, Planning and Development - Mazzarella
Police Chief - McEwen
Building Commissioner - Datz
Fire Chief - Olmstead
q Youth Bureau Director - Cohen
Board of Public Works Commissioner - Reeves
City Engineer - Gray
_? PLEDGE OF ALLEGIANCE:
Mayor Gutenberger led all present in the Pledge of Allegiance to
the American flag.
MINUTES:
Corrections and Additions to the Minutes of the May 3, 1989
Common Council Meeting
Alderperson Peterson requested that on page 27, the word
Resolution be added at the end of the paragraph that begins
'Alderperson Peterson stated that ...'
Lo", Alderperson Booth requested that on page 22, before the words
'Alderperson Nichols noted....', the words With respect to
Amending Resolution #2 be added.
Alderperson Booth requested that on page 17, under 14.1b(1), in
the third line of the first Whereas, Route 13 be changed to Route
96.
Alderperson Booth requested that on page 29, under #4 Storm
drainage, the fourth line from the bottom of the paragraph, that
begins with 'Necessary storm sewers....' should be a separate
paragraph.
Alderperson Booth requested that on page 32, under "G. City work
at subdivider's expense, the second line should read his./her
expense.
Approval of Minutes of the May 3, 1989 Common Council Meeting
with the Corrections and Additions as Noted
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the Minutes of the May 3, 1989 Common Council
Meeting with the corrections and additions as noted be approved.
Carried Unanimously
ADDITIONS TO THE AGENDA:
New Business
Alderperson Lytel requested the addition of Item 21.1, a short
discussion on the cable casting of Council meetings.
No Council member objected.
Human Services
Alderperson Peterson requested the addition of Item 16.3, a
letter from Homes, Inc. for consideration by Common Council.
No Council member objected.
N
New Business
Alderperson Killeen requested
resolution on "Housing Now!"
No Council member objected.
2 June 7, 1989
the addition of Item 21.2, a
Intergovernmental Relations Committee
Alderperson Cummings requested the addition of Item 18.1, a
resolution taking final action on the request of Charles Schlough
for an extension of the agreement to transfer the City Hall Annex
to him.
No Council member objected.
Miscellaneous and Unfinished Business
Alderperson Cummings requested a discussion on the current Cystic
Fibrosis Fund Raising Campaign.
No Council member objected.
Budget and Administration Committee
Alderperson Schlather requested the addition of Item 15.17, City
Controller starting salary resolution.
Alderperson Schlather stated that there will be a substitute
resolution with respect to Item 15.9, Center Ithaca Expansion.
No Council member objected.
MAYOR'S APPOINTMENTS:
Board of Fire Commissioners
Mayor Gutenberger requested approval of Council for the re-
appointments of Gloria Howell, 120 Clover Lane and David
Cornelius, 109 Farm Street, to the Board of Fire Commissioners
with terms to expire June 30, 1992.
Resolution
By Alderperson Booth: Seconded by Alderperson Killeen
RESOLVED, That this Common Council approves the re- appointments
of Gloria Howell and David Cornelius to the Board of Fire
Commissioners with terms to expire June 30, 1992.
Carried Unanimously
Affirmative Action Advisory Committee
Mayor Gutenberger requested the approval of Council for the
appointments of Samuel Cohen, Parmenter Road, Lodi with a term to
expire 12/31/91 and James Miller, 800 Shaffer Road, Newfield with
a term to expire 12/31/89 (Management Representatives) , to the
Affirmative Action Advisory Committee.
Resolution
By Alderperson Killeen: Seconded by Alderperson Johnson
RESOLVED, That this Common Council approves the appointments of
Samuel Cohen with a term to expire 12/31/91 and James Miller with
a term to expire 12/31/89 as Management Representatives to the
Affirmative Action Advisory Committee.
Carried Unanimously
Community Police Board
Mayor Gutenberger requested the approval of Council for the
appointment of John Ware, 114 South Plain Street, to the
Community Police Board, with a term to expire December 31, 1991,
to replace Deborah Manning who has resigned.
Resolution
By Alderperson Cummings: Seconded by Alderperson Booth
RESOLVED, That this Common Council approves the appointment of
John Ware, to the Community Police Board, with a term to expire
December 31, 1991.
Carried Unanimously
3
June 7, 1989
Board of Fire Commissioners
Mayor Gutenberger requested approval of Council for the
appointment of Lyman E. Baker, 838 Coddington Road, to the Board
of Fire Commissioners with a term to expire June 30, 1990 to
replace Robert Earle who has resigned.
Resolution
By Alderperson Romanowski: Seconded by Alderperson Cummings
RESOLVED, That this Common Council approves the appointment of
Lyman E. Baker to the Board of Fire Commissioners with a term to
expire June 30, 1990.
Carried Unanimously
Planning and Development Board
Mayor Gutenberger requested approval of Council for the
appointment of Moncrief Cochran, 205 Haller Boulevard, to the
Planning and Development Board with a term to expire December 31,
1990 to replace Steve Jackson who has resigned.
Resolution
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That this Common Council approves the appointment of
Moncrief Cochran to the Planning and Development Board with a
term to expire December 31, 1990.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Strand Theatre
Doug Reid, 105 Sheldon Road, addressed Council on the matter of
the Strand Theatre. He referred to a handout that he had
presented to each member of Council. Mr. Reid remarked that in
his statement he has gone through some of the history of the
(moo., Strand and he believes he has shown that there is a way that the
Strand could function as a theatre. He asked that in any
resolution passed by the Council concerning the sealed bid sale,
some way be found to allow for the possibility, however remote it
may seem, that a non - profit corporation might be able to take it
over before the sale is finalized.
Six Mile Creek Bikeway - Town Plans_
Jerry Hersh, 111 Cottage Place, spoke to Council regarding the
Town of Ithaca's plan for the Six Mile Creek Bikeway. He re-
capped some of the discussion that took place at the Town of
Ithaca meeting. It appeared to him that the Town's plan was
detrimental to a lot of the people that were present at that
meeting and it was stated that to get the Town's plan turned
around one of the things that could be done would be to go before
the Common Council of the City of Ithaca. He stated that he was
speaking tonight to make sure that Council knows that many people
are against the Town's plan regarding the bikeway.
Empire State Games
David Cutting, Chairman for the Empire State Games, explained to
the Council the plans for the Empire State Games which will take
place August 2 - 6, 1989 in Ithaca.
(4w", 2% Monies
Daniel L. Rhoads, 201 West Lincoln Street, Captain of Volunteer
Fire Company #1, urged the Council to pass the resolution on
tonight's agenda regarding the 2% monies for the volunteer fire
companies.
Strand Theatre Farmers' Market Lease
Paul Sayvetz, 201 Elm Street, addressed the Council on the matter
of the Strand Theatre and asked Council to delay the decision on
the matter of the theatre. He also stated that he thinks the
Farmers' Market lease is not fair. He asked that the City allow
the cost of those permanent bathrooms, which are to be affixed
to the land, be deducted from the rent.
4
June 7, 1989
Strand Theatre
The following persons also spoke to Council in support of saving
the Strand Theatre:
John Whalen - 319 Elm Street
Marie Steffen - 319 Elm Street
Drop -in Center
Donna Veninsky, Richford, New York, Executive Director of the
Drop -in Center, addressed the Council on the matter of expanding
the Day Care Center at G.I.A.C. She urged Council to make sure
that the Day Care component remains in the proposal that is on
tonight's agenda under the Planning and Development Committee.
Krys Cail, 337 DuBois Road, Vice - President Drop -in Children's
Center, addressed the Council on the need for expanded spaces for
low- income child care in the downtown Ithaca area. She stated
that the Center is in danger of losing State funding unless some
sort of timetable for when there will be a physical location that
is licensable is presented.
Route 96 Vote
Guy Gerard, 140 College Avenue, thanked the Council for their
vote on Route 96.
An American Festival
Sean Killeen, 111 Orchard Place, read the following statement to
Council as a citizen:
"For the past 6 months I have been a member of a steering
committee, along with Mimi Granger of G.I.A.C. and Rev. John
Taylor, former Chair of the Commons Advisory Board, and others.
With much pleasure and excitement I bring you a preview of
Collegetown's "American Festival" scheduled for September 17-
27, 1989.
These 10 days of visiting artists and performers will depict the
cultural diversity that enriches American life and is the
hallmark of our community.
An American Festival will be a celebration of heritage,
community, and the arts with the involvement of the Youth Bureau,
Southside Community Center, G.I.A.C., and the Senior Citizen
Center as well as other local and regional groups.
Come to Cornell's new Center for the Performing Arts for the
American Festival in September in Collegetown where life is
lively."
Mr. Killeen handed out brochures regarding the Festival.
Letter from the Northside - Cascadilla Civic Center Association re.
the Science Center
Alderperson Peterson read the following letter to the Council:
"Dear Friends:
We are enthusiastic at the prospect of the Science Center moving
to the old Sewage Treatment Site in our neighborhood. If the
project meets some of our goals for the neighborhood, as we
believe it could, it will certainly gain our support. We will
welcome it as an exciting educational resource for the Ithaca
community.
Chief among those goals is more green space for this area. The
demographics provided on this point show that we have many
elderly, children, low - income people without cars. Because we
have the smallest amount of green space to population of the
city's neighborhoods, we need more parks within walking distance.
W_
5 June 7, 1989
The Conservation Advisory Council has endorsed our request for
park space on the old Sewage Treatment site.
Additionally the neighborhood needs a buffer from Route 13's
traffic and noise, low generation of traffic, and the passive
recreational use of and access to Cascadilla Creek.
It is vital that our planning committee be included in all
negotiations that concern this site. When we read, in the Ithaca
Times, that part of this small site might be used in conjunction
with that
of the Paolangeli Parcel, we were alarmed. An
issue with such impact on our neighborhood needs to be discussed
with neighborhood representatives. Our planning committee stands
ready and willing to participate in the development of this site.
Please notify us of the next step. We intend that our views be
included."
RESPONSE TO THE PUBLIC:
Strand Theatre
Alderperson Romanowski questioned what organization has the
resources to undertake the rehabilitation of the theatre if it is
�.� put on hold or not sold at public auction. He remarked that
given its dilapidated condition, there is an investment of a
<1 great deal of money needed. If there is no organization or
individual willing to pick up this tab, is it expected that the
City taxpayers will undertake a rehabilitation of this particular
building and have it as a resource as a ballet or arts center.
He asked that people speak to him after the meeting if they have
ideas on this.
Drop -in Center
Alderperson Lytel stated that the resolution that is on tonight's
agenda will simply establish the client committee and the City
and everyone should be in favor of moving the entire process
forward.
Strand Theatre
Alderperson Cummings urged the persons who spoke regarding the
Strand Theatre, if they know of any individual or organization
who would be interested in rehabilitating the theatre or if they
would like additional information to please contact Kathy Evans
in the Planning Department.
Farmers' Market Lease
Alderperson Nichols stated in response to Paul Sayvetz's remarks
on the Farmers' Market Lease, that it was negotiated with all the
conditions and it was mutually agreed on and he thinks that while
it could be improved, it is a fair agreement.
Drop -in Center
Alderperson Peterson remarked that this issue will be discussed
again at the Human Services Committee meeting on June 19th.
Six Mile Creek Bikeways
Alderperson Hoffman followed up on the statement by Dr. Hersh
about the Six Mile Creek Bikeway. He stated
he was also at the
meeting at the Town of Ithaca and he reminded
the Town Board that
Common Council had passed a resolution at its
last meeting asking
the Town to defer final decision until the
Town and City had a
chance to meet and resolve some of the
possible points of
contention. He stated that no promises
were made at that
meeting, and to his knowledge the Town has not set up any
meetings with the City. He would hope that
either the Mayor or
the Intergovernmental Relations Committee would make a formal
request again to the Town that there be some
discussions on this
matter.
Drop -in Center
Alderperson Peterson remarked that this issue will be discussed
again at the Human Services Committee meeting on June 19th.
f)
6 June 7, 1989
REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS:
Board of Public Works
Commissioner Reeves reported on the following items from the
Board of Public Works:
Street Light at Sunrise Road and Taylor Place -
Commissioner Reeves stated that the Board received final figures
and the Street Light will be installed at that location.
Ithaca Transit Study - Commissioner Reeves reported that
the Ithaca Transit Study has been postponed until Fall of 1989
due to scheduling problems with the people at Cornell who were to
do the study.
Ithaca Transit Roadeo - Commissioner Reeves reported that
the Ithaca Transit Roadeo will be held on Sunday, June 11, at
Cass Park and invited Council to attend.
Community Gardens Water Service - Commissioner Reeves
reported that she had noted in the May 3rd Council minutes that
joint cooperation is required by the Budget and Administration
Committee, the Board of Public Works, and the Community Gardens
leadership to work out further rules and regulations regarding
the water service. To date no communications has occurred
between the committees so consequently there is no report
available tonight.
Alderperson Schlather responded that it will be put on the June
Budget and Administration agenda.
Proposed Curb -side Swap Day - Commissioner Reeves reported
that the matter of a "curb -side swap day" has been discussed by
the Committee of the Whole. The Board has come up with a list of
reasons why they feel this would not be a good idea. She
explained the reasons.
Commissioner Reeves answered questions from Council members
regarding striping of crosswalks, the blinking light at the Belle
Sherman School, expanding the kinds of materials that have to be
recycled, the re- bricking of Stewart Avenue and the Ithaca
Transit study.
Alderperson Cummings remarked that the "curb -side swap day" will
be looked at by the Planning and Development Committee with input
from the Board of Public Works.
Youth Bureau Board
Youth Bureau Director Cohen stated that this summer the City
Youth Bureau is going to co- sponsor with the County Youth Bureau
two community forums for all members of the City of Ithaca
community. This will be part of the broader effort of the 3 -year
County Youth Services Comprehensive Plan that is just beginning.
The Youth Bureau Board would like to ask Council and the Mayor to
co- sponsor the events. Mayor Gutenberger stated and the Council
agreed that there is unanimous approval of the Council to co-
sponsor the forums.
COMMUNICATIONS FROM THE MAYOR:
'We the People' Mural
Mayor Gutenberger stated that the painting that was commissioned
by the City for the Bi- Centennial of the Constitution which we
wrapped into the Centennial of the City of Ithaca is now in the
hallway outside Council Chambers.
Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That this Common Council expresses its appreciation and
thanks to Daniel Burgevin, the artist who painted the mural and
be it further
7 June 7, 1989
RESOLVED, That the Mayor be directed to send a letter of thanks
to the artist.
Carried Unanimously
Discussion followed on the floor on the site of the mural.
Update on Route 96
Mayor Gutenberger stated that in talking with the NYSDoT Regional
Director Richard Simberg this week, Mr. Simberg said that he is
optimistic that they will meet their reporting date of the end of
June for a report to the community of what alternative is going
to be recommended.
BUDGET AND ADMINISTRATION COMMITTEE:
*15.8 Release of 2% Money
By Alderperson Schlather: Seconded by Alderperson Romanowski
WHEREAS, the eight City Volunteer Fire Companies have requested
k�Q the release of so- called "old" 2% monies currently held by the
q) City; now, therefore, be it
RESOLVED, That to the extent that same is required by existing
�•� law, Common Council authorizes the Board of Fire Commissioners to
release $48,000 from the so- called "old" 2% monies and distribute
<1 the same in equal shares to the eight City Volunteer Fire
Companies, and be it further
RESOLVED, That to the extent that such authorization is not
required by existing law, the Common Council nevertheless concurs
in the action of the Fire Commissioners in releasing said funds
at this time.
Discussion followed on the floor.
(61ve A vote on the resolution resulted as follows:
Carried Unanimously
*15.10 Sale of Strand Theatre
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That Common Council authorizes the Mayor to enter into
a contract which would provide for the stipulated sale of the
Strand Theatre at public auction, with the distribution of the
proceeds in accordance with said provisions, and be it further
RESOLVED, That a copy of said contract shall substantially be in
accordance with the contract which was distributed by the City
Attorney as a Draft under date of May 25, 1989, and be it further
RESOLVED, That any distribution of proceeds by agreement of the
parties, whereby the City would receive less than its full lien
amount, would be subject to review by Common Council.
Alderperson Schlather stated that at the B &A meeting, they were
aware that there had been further discussion with respect to the
distribution of the proceeds. The concerns were that under the
proposal that was then on the table, that the contract provided
for pay off of the first mortgage, then tax liens, and also some
(awel money for the City Attorney to hire an Assistant Attorney to help
him out in this matter.
Alderperson Schlather further stated that the committee was
concerned because under mortgage foreclosure laws, the tax liens
would not be taking a back seat to these mortgage liens, so the
committee asked that Atty. Nash reconsider. Since that time, he
has, and there has been now proposed a contract which simply
provides for the sale to the highest bidder at public auction by
sealed bids, due by July 7, 1989.
City Atty. Nash explained that the general terms of the contract
are that the collection of City taxes is going to be determined
at some future point, the City is not waiving any rights to
I
8 June 7, 1989
collection of City taxes, but it is a complicated problem to
determine the priority of federal pay back, local property taxes
and mortgage lien on the property. Rather than fight about that
for a year or two, it seemed prudent to sell the building first
and fight about it later.
City Atty. Nash stated that the hope is that $300,000 will be
generated and everybody will be paid off but certainly with the
minimum price of $195,000, we have to have some procedure for
dealing with the deficiency.
Alderperson Schlather stated that part of this agreement is that
the parties agree, including the taxing authorities, that the
purchaser would be buying the property free and clear. City
Atty. Nash affirmed Alderperson Schlather's statement.
Further discussion followed on the floor on how the Ithaca Urban
Renewal Agency was involved in this matter.
In response to Alderperson Nicholls question of who is making
these decisions and who set the price of $195,000, Alderperson
Schlather stated that the City does not own the property; it is
owned by private parties. The City's interest in the property is
two - pronged, one is as protectorate of the ARC grant and secondly
as a taxing municipality with a tax lien on the proceeds. He
remarked that that building has remained vacant for six years and
over that time there has been frequent requests by Common Council
to do something in terms of either protecting our interests,
bringing it to sale, or whatever, instead of just letting it fall
down.
Alderperson Schlather further stated that Atty. Nash has finally
moved the process forward to the point where the taxing
authorities, the owners of the property, the ARC, and the City of
Ithaca are willing to agree that the property should be sold,
that thereafter the money be placed in `_ an escrow account, and
that if the parties cannot agree as to the division of those
monies, then the matter would be referred to a Court of competent
jurisdiction.
City Attorney Nash noted the ARC did prescribe these provisions
for a payback of the grant at less than 100 %. In other words, if
the property sold at public sale with sufficient advertisement to
the highest bidder, and not enough proceeds are generated to pay
back the ARC grant one hundred cents on the dollar, it will
accept less than one hundred cents on the dollar and will not
subject anybody to personal liability for a deficiency as long as
this type of sale procedure is conducted. He further stated that
ARC required the City to have an appraisal of the building before
we could decide on a sale procedure.
Alderperson Johnson asked for an explanation of how the Ithaca
Urban Renewal Agency was involved as one of the parties in this
matter.
City Attorney Nash responded that the City acted on behalf of ARC
and the Community Development Agency acted on behalf of the City.
Planning and Development Director Van Cort explained that the
Council directed the Urban Renewal Agency to act as its agent in
administering the ARC grant.
Alderperson Booth stated that there were several speakers this
evening urging the Council to take a radically different course
of action and he would like someone to state concisely why the
alternatives that were suggested tonight aren't very realistic or
not possible for the City to pursue.
City Attorney Nash responded that over the last six years, there
have been several efforts along these veins. None of them have
proved fruitful and unfortunately the liabilities mount and the
J
1)
9 June 7, 1989
condition of the building deteriorates. Staff has spent a
tremendous amount of time over those six years working with
people who had ideas for doing things. ARC, the City, and the
owners are convinced that it just does not make sense to follow
those efforts any further.
Further discussion followed on the floor.
_(400,1 A vote on the resolution resulted as follows:
Ayes (6) - Schlather, Romanowski, Lytel, Cummings, Booth,
Killeen
Nays (4) - Nichols, Johnson, Hoffman, Peterson
Carried
PLANNING AND DEVELOPMENT COMMITTEE:
*17.4 Ithaca Farmers' Market Lease Agreement
0J By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, Common Council has reviewed the terms of the proposed
long term lease agreement with the Ithaca Farmers' Market for
0.6 occupation of the Steamboat Landing site at Third Street, and
W�
WHEREAS, pursuant to section 3.9 of the Ithaca City Charter, the
F appropriate public notice of this proposed lease has been
published, and
WHEREAS, the tax assessor of Tompkins County has determined that
the subject parcel will remain wholly exempt from taxation
during the period of its use by the Farmers' Market; now,
therefore, be it
RESOLVED, That Common Council does authorize the long term lease
dated June 10, 1989, of approximately 5.8 acres at the Steamboat
(moo" Landing site to the Ithaca Farmers' Market, in accordance with
the approved terms and conditions, for sale of farm produce and
home - manufactured items ,which are made or grown by its members
within a 30 -mile radius of the City of Ithaca, and be it further
RESOLVED, That the Mayor be and hereby is authorized to execute
said lease agreement upon advice of the City Attorney.
Alderperson Schlather asked that the record reflect that he
opposes the lease. He thinks the terms are too generous in terms
of the Farmers' Market; that they are too frivolous in terms of
the needs of the community and future generations. He stated
that we are talking about a 20 -year lease at giveaway rates and
he is opposed to that.
Further discussion followed on the floor regarding the lease.
A vote on the resolution resulted as follows:
Ayes (8) - Lytel, Cummings, Nichols, Johnson, Booth,
Killeen, Hoffman, Peterson
Nays (2) - Schlather, Romanowski
Carried
* 17.5 GIAC Pool - Capital Proiect
By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, there is a need to replace the existing mini pool to
continue to provide a safe facility for swimming within walking
distance of Northside, Southside and other downtown
neighborhoods, and
WHEREAS, the Common Council has recognized that need and
allocated $22,500, or 50 of the estimated project cost, in the
1988 capital project budget to begin implementing the proposal to
construct a new pool, and
10
10 June 7, 1989
WHEREAS, steps for implementation, were developed during a
meeting held on April 3, 1989 between representatives of the
Department of Planning and Development, the Department of Public
Works, GIAC, and the Youth Bureau and are described in the
memorandum dated April 13, 1989; now, therefore, be it
RESOLVED, That the Common Council authorize the formation of a
Client Committee which will include representatives of the
Department of Planning and Development, the Youth Bureau, GIAC,
Engineering and /or the Department of Public Works, as well as a
member from each: the Common Council, the GIAC Board, and the
Planning and Development Board to act as the city's
representative, making recommendations to the Common Council and
the Board of Public Works as appropriate, and be it further
RESOLVED, That said Client Committee is authorized and directed
to issue requests for qualifications to architectural firms and
to interview and recommend the architect - consultant for the
project, and be it further
RESOLVED, That following approval of the consultant contract by
the Common Council, the Client Committee is authorized to
continue to act as the city's representative through design of
the project, referring the site plan to the Planning and
Development Board for advisory Site Development Plan Review, and
referring approval of the final project to Common Council, and
bidding and construction of the project to the Board of Public
Works.
Alderperson Cummings gave an explanation of the resolution and
discussion followed on the floor regarding the Client Committee.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That the Planning and Development Board be stricken
from the Client Committee.
Discussion followed on the floor on the amendment.
A vote on the amendment resulted as follows:
Ayes (2) - Booth, Hoffman
Nays (8) - Schlather, Peterson, Nichols, Romanowski, Lytel,
Cummings, Johnson, Killeen
Motion Fails
Main Motion
A vote on the Main Motion resulted as follows:
Carried Unanimously
* 17.6 GIAC Renovations - Capital Project
By Alderperson Cummings: Seconded by Alderperson Lytel
WHEREAS, there is a need to renovate the GIAC facility in order
to expand programs, possibly provide expanded space for day care,
improve accessibility and bring the structure into compliance
with building codes, and
WHEREAS, the GIAC Board still has the program scope under
advisement, and
WHEREAS, the City will soon be reviewing architects'
qualifications for work on the GIAC pool project, and
WHEREAS, some efficiencies could be realized by the committee in
interviewing architects for GIAC renovations during the same
sessions, and
WHEREAS, no architects will be hired for the GIAC renovations
without express approval by Common Council; now, therefore, be it
11
June 7, 1989
RESOLVED, That Common Council authorize the GIAC Pool Client
Committee also to make a recommendation on architect selection
for the GIAC renovation, and be it further
RESOLVED, That the Common Council authorizes the formation of a
Client Committee that will consist of staff from the Department
of Planning and Development, the Youth Bureau, GIAC, Engineering
and /or the Department of Public Works, as well as a member from
each: the Common Council, the GIAC Board, and the Planning and
�+ Development Board, to act as the city's representative, making
recommendations to the Common Council and the Board of Public
y. Works as appropriate, and be it further
RESOLVED, That said Client Committee is authorized and directed
to issue requests for qualifications to architectural firms and
to interview and recommend the architect - consultant for the
project, and be it further
RESOLVED, That following approval of the consultant contract by
the Common Council, the Client Committee is authorized to
�.� continue to act as the city's representative through design of
w the project, referring the Final Design to the Common Council for
Lf., approval and to the Board of Public Works for bidding and
construction.
Carried Unanimously
RECESS:
Common Council recessed at 9:17 p.m. and reconvened in regular
session at 9:30 p.m.
CHARTER AND ORDINANCE COMMITTEE:
* 14.1 A Local Law Amending Chapter 106 of the Municipal Code_
of the City of Ithaca with Respect to the Membership of the
Conservation Advisory Council of the City of Ithaca
By Alderperson Romanowski: Seconded by Alderperson Booth
LOCAL LAW NO. OF THE YEAR 1989
CITY OF ITHACA
A LOCAL LAW AMENDING CHAPTER 106 OF THE MUNICIPAL CODE OF
THE CITY OF ITHACA WITH RESPECT TO THE MEMBERSHIP OF THE
CONSERVATION ADVISORY COUNCIL OF THE CITY OF ITHACA.
BE IT ORDAINED AND ENACTED by the Common Council of the
City of Ithaca, New York as follows:
SECTION 1. AMENDING SUBDIVISION A OF SECTION 106.3 OF THE
CITY OF ITHACA MUNICIPAL CODE.
Subdivision A of Section 106.3 of the City of Ithaca
Municipal Code Entitled 'Membership' is hereby amended to read as
follows:
S 106.3 Membership
(400", A. The Commission shall consist of fifteen (15) members,
of whom nine (9) shall be voting members appointed by the Mayor,
subject to approval by Common Council, and the remainder shall be
ex- officio members as provided herein. All members shall be
appointed for full terms of two years. Persons residing within
the City of Ithaca and not more than two persons residing outside
the City of Ithaca who are interested in the improvement and
preservation of environmental quality shall be eligible for
appointment as members of the Commission. All members of the
Commission shall have reached their sixteenth birthday on the day
that their appointment takes effect, but not more than one voting
member shall not have reached his or her eighteenth birthday.
Vacancies on the Commission shall be filled in the same manner as
the original appointment, except that a vacancy occurring other
T 21
12 June 7, 1989
than by the expiration of the term of office shall be filled only
for the remainder of the unexpired term.
SECTION 2. EFFECTIVE DATE.
This Local Law shall take effect immediately after filing
in the Office of the Secretary of State.
Discussion followed on the floor regarding the residency
requirements to serve on a City Board or Committee. `
A vote on the resolution resulted as follows:
Carried Unanimously
* 14.2 A Local Law Amending Chapter 60 of the Municipal Code of
the City of Ithaca to Enable Designated Employees of the Police
Department to Enforce Parking Regulations of the Citv of Ithaca
and the State of New York
By Alderperson Booth: Seconded by Alderperson Johnson
LOCAL LAW NO. OF THE YEAR 1989
CITY OF ITHACA
A LOCAL LAW AMENDING CHAPTER 60 OF THE MUNICIPAL CODE OF
THE CITY OF ITHACA TO ENABLE DESIGNATED EMPLOYEES OF THE
POLICE DEPARTMENT TO ENFORCE PARKING REGULATIONS OF THE
CITY OF ITHACA AND THE STATE OF NEW YORK.
BE IT ENACTED by the Common Council of the City of Ithaca,
New York as follows:
SECTION 1. AMENDING SECTION 60.49 OF THE MUNICIPAL CODE OF
THE CITY OF ITHACA.
Section 60.49 entitled "Enforcement of Parking Regulations"
of Chapter 60 of the Municipal Code of the City of Ithaca
entitled "Traffic and Vehicles" is amended to read as follows:
Section 60.49 Enforcement of Parking Regulations
Employees of the Police Department of the City of Ithaca
who are not Police Officers and who are duly designated by the
Chief of Police as Parking Regulations Enforcement Officers shall
be authorized to issue appearance tickets for violation of any
provisions of Article IV of Chapter 60 of the Municipal Code of
the City of Ithaca and for violation of any provisions of Article
32 of the Vehicle and Traffic Law of the State of New York.
SECTION 2. EFFECTIVE DATE.
This Local Law shall take effect immediately after filing
in the office of the Secretary of State.
Alderperson Booth gave background information on the Local Law.
He stated that this Local Law means that the designated employees
will deal with parking violations other that metered parking
violations, such as odd -even parking, parking in front of fire
hydrants, blocking a driveway, etc.
Alderperson Cummings stated for the record that Police Chief
McEwen's willingness and enthusiasm in taking on this new task
was described to the Council as a part of his overall interest in
beefing up general traffic enforcement throughout the City. She
wants this Local Law to be seen as the first part of an overall
increased emphasis on the traffic concerns and is pleased that
the Police Department is doing this.
Alderperson Romanowski remarked that he hopes that this leads to
further discussion on the fines and regulations of other parking
13
June 7, 1989
problems such as driveways, hydrants, and 'No Parking' or 'No
Standing' zones. The fines that are in now in effect are not
reflective of all the costs of enforcement.
Further discussion followed on the floor.
A vote on the Local Law resulted as follows: Carried Unanimously
* 14.3 An Ordinance
Regulations' of the Ci
City Exactions of Money
By Alderperson Booth:
Amending Chapter 31 Entitled 'Subdivision
ty of Ithaca Municipal Code (Pertaininq to
for Park Purposes)
Seconded by Alderperson Nichols
ORDINANCE NO. 89
B. The Board of Planning and
that up to ten (10) percent
proposed plat be. reserved
purposes. The Board shall
and location of areas prop
park or recreation purposes.
Development may require
of the gross area of the
for park or recreation
approve the size, shape
osed to be reserved for
C. If the Board determines that a suitable park of
adequate size cannot be properly located in any such
plat or is otherwise not practical, the Board may
then require as a condition of approval of the plat a
payment to the City of Ithaca of an amount of two
thousand dollars ($2,000) for each lot in the
approved plat.
AN ORDINANCE AMENDING CHAPTER 31
ENTITLED 'SUBDIVISION
C\j
REGULATIONS' OF THE CITY OF ITHACA MUNICIPAL CODE.
�.�
BE IT ORDAINED AND ENACTED by
the Common Council of
Ithaca, New York as follows:
only for the following purposes:
SECTION 1. That Chapter 31
entitled "Subdivision
Regulations" is amended as follows:
located that it will serve primarily the general
neighborhood in which the plat is located.
1. That the existing section 31.48 is
deleted in its entirety
areas which serve primarily the general
and replaced with the following:
neighborhood in which the plat is located,
"Section 31.48 Park and Recreation
Areas
are established by the Board.
A. The plat shall show all areas proposed to be set
aside for park or recreation
areas. The plat shall
(4010",
show the size, character and
location of such park or
recreation areas, including
features such as trees,
rock outcrops, streams or ponds.
B. The Board of Planning and
that up to ten (10) percent
proposed plat be. reserved
purposes. The Board shall
and location of areas prop
park or recreation purposes.
Development may require
of the gross area of the
for park or recreation
approve the size, shape
osed to be reserved for
C. If the Board determines that a suitable park of
adequate size cannot be properly located in any such
plat or is otherwise not practical, the Board may
then require as a condition of approval of the plat a
payment to the City of Ithaca of an amount of two
thousand dollars ($2,000) for each lot in the
approved plat.
Such payment shall be paid to the City of Ithaca at
the time of final plat approval, and no plat shall be
signed by the authorized officer of the Board until
such payment is made. All such payments shall be
held by the City of Ithaca in a dedicated Park and
Recreation Area Improvement Fund, and shall be used
only for the following purposes:
1. The acquisition of land that is suitable for a
permanent park or recreation area that is so
located that it will serve primarily the general
neighborhood in which the plat is located.
2. The improvement of existing park or recreation
areas which serve primarily the general
neighborhood in which the plat is located,
provided that the need for such improvements
are established by the Board.
14 June 7, 1989
D. The Board of Planning and Development shall waive the
requirement that either park land be reserved or that
a payment be made to the City of Ithaca if either of
the following conditions exists:
1. The subdivision of land does not create
additional building lots; or
2. The parcel of land to
into not more than
provided that such wa
to the same parcel of
thereof, more than one
period."
be subdivided is divided
two (2) building lots,
iver shall not be applied
land, or subdivided parts
time in any ten (10) year
SECTION 2. This ordinance shall take effect immediately
and in accordance with law upon publication of a notice as
provided in Section 3.11(B) of the Ithaca City Charter.
Alderperson Booth gave background information on the resolution.
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the second paragraph under 1C. read as follows:
"Such obligation shall be a lien against the premises, duly
recorded in the City Clerk's office, and shall be paid to the
City of Ithaca on a lot by lot basis no later than when a
building permit is first issued for that lot. All such payments
shall be held by the City of Ithaca in a dedicated Park and
Recreation Area Improvement Fund, and shall be used only for the
following purposes:"
Alderperson Schlather explained the reason for the amendment.
Further discussion followed on the floor regarding the amendment.
Motion to Refer to Committee
By Alderperson Booth: Seconded by Alderperson Lytel
RESOLVED, That the Ordinance amending Chapter 31 entitled
'Subdivision Regulations' of the City of Ithaca Municipal Code be
referred to the Planning and Development Board and the Planning
and Development Committee for review and report back to Common
Council.
Ayes (9) - Schlather, Lytel, Cummings, Nichols, Johnson,
Hoffman, Peterson, Booth, Romanowski
Nay (1) - Killeen
Carried
Tree Ordinance - Report
Alderperson Booth reported that the committee has drafted a Tree
Ordinance and it has been referred to the Board of Public Works
for a final review. He expects that the Board will act on it at
its meeting of June 14th and it should be back to the Council for
its action at the July meeting. He informed the Council that the
ordinance deals with trees on public property only.
BUDGET AND ADMINISTRATION COMMITTEE:
* 15.1 Building Inspector III Position
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That William Kaupe be appointed to the position of
Building Inspector III at an annual salary of $22,378, which is
Grade 27, Step 3 on the C.S.E.A. Administrative Unit Compensation
Plan, effective June 5, 1989.
Carried Unanimously
* 15.2 Evaluation of City Owned Property
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That the City enter into a contract with Charles W.
Barber, in an amount not to exceed $3,000, to provide Step II of
0
'r
1i
15
June 7, 1989
a comprehensive evaluation of City owned property and its
existing use, and be it further
RESOLVED, That $3,000 be transferred from Account A 1990,
Unrestricted Contingency, to Public Works Administration Account
A1490 -430 for said purpose. Carried Unanimously
* 15.3 Engineering Department Employment of Summer Students
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the City Engineer be authorized to hire two summer
students under the Cornell Tradition Program to assist his staff
in the performance of its extensive 1989 work program, and be it
further
RESOLVED, That $4,000 be transferred from line item A1440 -100
Staff Salaries, to line item A 1440 -435, Contractual Services,
for the purpose of implementing said program.
Carried Unanimously
-n� * 15.4 Rehabilitation of Water Tanks
By Alderperson Schlather: Seconded by Alderperson Booth
WHEREAS, additional funds are required to award contracts for the
painting of the Maple Avenue and Cliff Park Water Tanks; now,
therefore, be it
RESOLVED, That $40,000 be transferred from F8341 -435 Transmission
and Distribution Maintenance to F8344 -475, Maintenance of
Standpipes.
Carried Unanimously
* 15.6 Budget Amendment - GIAC Summer Program
By Alderperson Schlather: Seconded by Alderperson Cummings
(4000.1 WHEREAS, GIAC has received $2,500 from the Ithaca City School
District, and expects to receive an additional $2,500 from
Cornell University to fund a summer education program; now,
therefore, be it
RESOLVED, That the 1989 Budget for GIAC Programming be amended by
increasing Account A7311 -445 by $1,500 and Account A7311 -460 by
$3,500, contingent upon the receipt of said funds, and be it
further
RESOLVED, That 1989 estimated revenue be amended by increasing
Account A2350 by $2,500 and Account A2705 by $2,500 respectively.
Carried Unanimously
Cass Park Second Ice Rink - Report
Alderperson Schlather reported that the Budget and Administration
Committee is negotiating with the Youth Hockey Association. The
association is making a proposal whereby they would give to the
City $500,000 to be applied toward the purchase of the rink. The
City would build and finance the rink. The rink would cost
approximately $1.1 million and the City would end up operating it
under their own terms with input from the Youth Hockey
Association. There should be a resolution for the Council to act
on at the July meeting.
* 15 .9 Center Ithaca Expansion
Substitute Resolution
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That Common Council hereby authorizes the proposed
expansion of retail space of Center Ithaca contingent upon
1) all approval associated with the building permit
process;
2) retirement of the City's first mortgage in the land
under the Green Street Garage now owned by G &M
Associates (such retirement to occur before a
I (), 1
16 June 7, 1989
building permit is issued for the above noted
expansion); and
3) execution of a modification and acknowledgement
instrument by the mortgagor in the Center Ithaca
Building, Ithaca Center Associates, in a form
approved by the City Attorney which clarifies the
City's rights under the existing mortgages.
Discussion followed on the floor.
Alderperson Schlather explained that the Budget and
Administration Committee looked at this from two perspectives.
He stated that the committee felt that this would only serve to
enhance the City's position financially in this particular
project. The City will get their first mortgage paid off, which
is important and in terms of the viability of the project, this
would enhance the viability financially and thereby lend greater
assurance that the City will eventually collect in full on our
second and third mortgages which we presently hold on the site.
Thus, from a fiscal standpoint and a planning standpoint the
committee felt the project made sense.
Further discussion followed on the floor regarding the project
and the role that the Planning Board's decision - making process
will have in the matter.
City Attorney Nash referred to and read from the contract with
the Center Ithaca Associates. Planning and Development Director
Van Cort answered questions from Council members.
A vote on the resolution resulted as follows:
Ayes (8) - Schlather, Romanows:;i, Cummings, Johnson,
Lytel, Peterson, Hoffman, Killeen
Nays (2) - Booth, Nichols
Carried
Permanent Shelter for Homeless Persons - Report
Alderperson Schlather reported that this matter was tabled at the
Budget and Administration Committee. Since the committee meeting
he has spoken with Stuart Stein and Alderperson Lytel has spoken
with Mary Call and it is going to be considered by the County at
their meeting in June and the hope is that the County will either
fund the entire $3,000 or at least fund a portion of that.
Discussion followed on the floor on the report. Alderperson
Schlather asked Alderperson Cummings to put Resolution 17.7,
Shelter for Homeless on the floor.
PLANNING AND DEVELOPMENT COMMITTEE:
* 17.7 Shelter for Homeless
By Alderperson Cummings: Seconded by Alderperson Schlather
WHEREAS, Tompkins County has primary responsibility for supplying
social services to the homeless, and
WHEREAS, a serious problem of homelessness now exists in the city
and the County, and
WHEREAS, the South Side Center has been fulfilling an important
role in housing homeless people during the months of inclement
weather, and
WHEREAS, by this resolution the City does not intend to
substitute its own resources for that of the County in providing
services to the homeless; now, therefore, be it
RESOLVED, That the Planning and Development Department is
directed to prepare a proposal or proposals to appropriate
funding agencies for money to establish a year -round permanent
shelter for homeless persons living in the Ithaca area. In doing
J
17
17 June 7, 1989
so the department shall work in cooperation with Tompkins County
and other involved agencies, and be it further
RESOLVED, That funds up to $3,000 be taken from unrestricted
contingency and added to the 1989 Planning Department budget for
this purpose.
Discussion followed on the floor. Alderperson Schlather remarked
that when this was presented to the Budget and Administration
Committee the details were sketchy and the County had not been
approached. The County has now been approached and has indicated
a serious interest in participating and perhaps paying this
entire cost which mitigates against action tonight.
Alderperson Lytel argued that time is running out and we must get
started on solving this problem without further delayy. Work that hathio
Evans is doing is investigatory_ work leadinU to a cos ible apI)li_cation to the State
Tabling Motion for money for a ne« shelter. 'I'lle 3,000 does not buy the City a
t_ ,t com�letecl ap lication, addecl at the 7/5/89 meeting)
(11 By Alderperson Schlather: econded by Alderperson Hoffman
RESOLVED, That the resolution regarding Shelter for Homeless
Persons be tabled.
�j Ayes (3) - Schlather, Hoffman, Romanowski
�-4 Nays (7) - Cummings, Peterson, Nichols, Lytel, Johnson,
Killeen, Booth
Motion Fails
Main Motion
Further discussion followed on the floor on the Main Motion.
A vote on the Main Motion resulted as follows:
(�Iwoe Ayes (8) - Lytel, Cummings, Nichols, Johnson, Booth,
Killeen, Peterson, Hoffman
Nays (2) - Schlather, Romanowski
Carried
BUDGET AND ADMINISTRATION COMMITTEE:
* 15.12 Funding for United Arts Fund
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That $5,000 originally budgeted as a contribution to
the Tompkins County Arts Council, be hereby appropriated to the
United Arts Fund for distribution to various art organizations.
Carried Unanimously
* 15.13 Health Insurance - Charge to Retirees and Employees on
Leave
By Alderperson Schlather: Seconded by Alderperson Killeen
WHEREAS, the 1989 -90 estimated cost of the City's Health
Insurance, as projected by Blue Cross /Blue Shield has been
increased by 19.6 %, and
WHEREAS, the interim rate established by Common Council July 6,
1988 did not reflect the total estimated increase for 1988 -89,
thereby postponing 25% of the then 51% increase, and
WHEREAS, the total impending increase is 44.6% inclusive; now,
therefore, be it
RESOLVED, That revised interim rates be established for retirees
and those employees on a leave of absence at 25% above the
existing 1988 -89 rates.
Discussion followed on the floor. Alderpersons Killeen and
Romanowski asked if something could be done to make this increase
less severe on the retirees.
Alderperson Schlather explained that last year the rate increase
should have been 51% and the City decided to do it in a two step
process - 25% last year and 26% this year. The increase for this
year was 19.6% so that now if we were to catch up to the rate
18
18
June 7, 1989
that it should be it would be a 44% increase. The recommendation
from the Budget and Administration Committee was not to go a full
44% but simply go to the 25 %. The idea is to phase in the rate
increase.
City Controller Cafferillo answered questions from Council
regarding the increase.
Amending Resolution
By Alderperson Killeen: Seco
RESOLVED, That the revised
retirees and those employees
the existing 1988 -89 rates.
nded by Alderperson Schlather
interim rates be established for
on a leave of absence at 22% above
Carried Unanimously
Main Motion as Amended
A Vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
* 15.14 Fire Department Position - Volunteer Coordinator
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That the position of Volunteer Coordinator be placed in
the CSEA Administrative Unit at Grade 22 of the 1989 Compensation
Plan (40 hours), and be it further
RESOLVED, That said position is
position with a salary of $8,469
Civil Service Commission.
a twenty (20) hour per week
to $10,753, as approved by the
Carried Unanimously
* 15.15 Fire Department Position - Municipal Training Officer
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That the position of Municipal Training Officer be
established on the Managerial Compensation Plan for those not
covered by a Bargaining Unit, at a salary range for $28,710 to
$42,496, as approved by the Civil Service Commission.
Carried Unanimously
* 15.16 Audit
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That the bills presented, as listed on Audit Abstract
#10/1989, in the total amount of $30,824.97, be approved for
payment.
Carried Unanimously
* 15.17 City Controller Appointment
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That Dominick R. Cafferillo be appointed to the
position of City Controller at a starting salary of $55,632.00,
effective May 29, 1989.
Carried Unanimously
Mr. Cafferillo took the oath of office and was sworn in by City
Clerk Paolangeli.
*
15.5 Increased Authorization - Stewart Avenue Bridge
By Alderperson Schlather: Seconded by Alderperson Killeen
WHEREAS, the current authorization for the reconstruction and
painting of the Stewart Avenue Bridge is $500,000, and the lowest
bid received was in excess of said authorization, and
WHEREAS, the City Engineer and Board of Public Works have
recommended a reduction in the scope of work, by deleting the
cost of painting said bridge at this point in time, and
WHEREAS, the amended cost of reconstruction only, inclusive of
engineering supervision and contingencies is estimated to be
$530,000; now, therefore, be it
19 June 7, 1989
RESOLVED, That Capital Project #219 Reconstruction of the Stewart
Avenue Bridge, be increased from $500,000 to $530,000, and that
the amended financing plan be established as follows:
State Aid $100,000
Bond Anticipation Notes $430,000
Total $5301000
Alderperson Schlather explained that the City Attorney has
recommended that this project be re -bid. Notwithstanding that
recommendation, the Board of Public Works passed on the project,
recommended award of a revised bid to the lowest bidder on this
particular component, sent it on to the Budget and Administration
Committee, and approved the project contingent upon Common
Council's approval.
a
City Attorney Nash explained his reasons for the recommendation
that he has made on this matter. He stated that the original
�.� contract was for $650,000 and we were looking at a change of
approximately $160,000 in that contract, which is something on
the order of 30 %. He stated that is a fairly large change in a
contract; usually change orders are minor. The rationale is that
you are supposed to bid it so that you can get the lowest price
for the project and if you make a substantial change in it, it
becomes difficult to verify whether or not you have received the
lowest bid for the modified project.
Further discussion followed on the floor. City Engineer Gray
answered questions from the Council regarding the project and the
contract. He remarked that the bridge has been downgraded from a
20 ton bridge to a 13 ton bridge within the last year.
Fire Chief Olmstead remarked that none of the fire fighting
apparatus can cross that bridge at this time.
Alderperson Schlather asked City Attorney Nash what would happen
if the City were to determine that emergency measures compelled
repair of the bridge. Could some of these re- bidding risks be
eliminated by a making a finding that there is an emergency?
City Attorney Nash read from the Municipal Law regarding an
emergency situation and stated that if there is a threat to the
life and health safety of a property or the inhabitants of the
City of Ithaca that requires immediate action, and we cannot wait
for competitive bidding, the appropriate officer, board, or
agency can go forward.
Alderperson Nichols left the meeting at 10:55 p.m.
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That there be a fourth WHEREAS added to the resolution
to read as follows: "WHEREAS, for life, health and safety
reasons including full access for fire protection to the Cornell
Heights portion of the City it is imperative to reconstruct this
bridge in 1989 which reconstruction would not be possible if this
project were required to be re -bid;
and that a new first RESOLVED, be added to read as follows:
"RESOLVED, That to the extent that re- bidding may be necessary
for this project, then the same be waived because of the
emergency nature of this reconstruction, and be it further, etc."
A vote on the amendment resulted as follows:
Carried (9 -0)
20
20 June 7, 1989
Main Motion as Amended
The Main Motion as Amended reads as follows:
WHEREAS, the current authorization for the reconstruction and
painting of the Stewart Avenue Bridge is $500,000, and the lowest
bid received was in excess of said authorization, and
WHEREAS, the City Engineer and Board of Public Works have
recommended a reduction in the scope of work, by deleting the
cost of painting said bridge at this point in time, and
WHEREAS, the amended cost of reconstruction only, inclusive of
engineering supervision and contingencies is estimated to be
$530,000, and
WHEREAS, for life, health and safety reasons including full
access for fire protection to the Cornell Heights portion of the
City it is imperative to reconstruct this bridge in 1989, which
reconstruction would not be possible if this project were
required to be re -bid; now, therefore, be it
RESOLVED, That to the extent that re- bidding may be necessary for
this project, then the same be waived because of the emergency
nature of this reconstruction, and be it further
RESOLVED, That Capital Project #219 Reconstruction of the Stewart
Avenue Bridge, be increased from $500,000 to $530,000, and that
the amended financing plan be established as follows:
State Aid $100,000
Bond Anticipation Notes $430,000
Total $530,000
A vote on the Main Motion as Amended resulted as follows:
Carried (9 -0)
HUMAN SERVICES COMMITTEE:
County /City Youth Bureau - Report
Alderperson Peterson reported that the meetings with the County
regarding the County /City Youth Bureau have been ongoing. This
subcommittee has been charged to try to come up with some idea of
how the City can best more efficiently serve the youth in the
community and the rest of the County. The sub - committee is in
the process of writing a resolution that will go to the County
Board and the City Council.
Alderperson Booth stated for the clarification that what the new
committee is talking about will not deal with recreation
services. It deals with only youth development and recreational
mainstreaming.
Alderperson Peterson said that what the City wants to make clear
to the County is that recreational fees will still be at a triple
rate or whatever the City sets.
Towards a Permanent Homeless Shelter - Report
Alderperson Peterson asked if any Council member has anything to
add after the items that were on the agenda under the Budget and
Administration and Planning and Development Committees.
Alderperson Lytel stated that there is going to be a request for
the Human Services Committee to consider which will then go to
the Budget and Administration Committee for a very sizeable
amount of money to run the shelter for next year; Southside is
asking for staff support. It is going to be a difficult decision
that is going to need to be made by the August meeting of
Council.
21
21 June 7, 1989
Letter from Homes, Inc. - Report
Alderperson Peterson referred to a letter from Homes, Inc. to
John Grover, Office of Shelter and Supported Housing Development,
that she had handed out to Council members before the meeting.
She stated that the letter is a draft that she and the Director
of Homes, Inc. worked up. Alderperson Peterson stated that she
thinks it is in a form that is appropriate. She asked that it be
(Ww'e, re -typed on City letterhead.
Resolution
By Alderperson Peterson: Seconded by Alderperson Killeen
RESOLVED, That this Common Council approves this letter and that
it be re -typed on Mayor Gutenberger's letterhead, with the
notation that the letter has been approved by the entire Common
Council.
Carried (9 -0)
PLANNING AND DEVELOPMENT COMMITTEE:
*17.1 Van Natta Dam RFP - Developer Selection Committee
�t By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, Common Council has authorized the preparation of a
Request For Proposals for development of the Van Natta Dam
Hydroelectric Project by private entities, and
WHEREAS, the Request For Proposals has been prepared, advertised
and distributed, and
WHEREAS, the deadline for responses to said RFP is July 14, 1989;
now, therefore, be it
RESOLVED, That a Developer Selection Committee be established to
review responses to the RFP and recommended a preferred
developer, and be it further
RESOLVED, That such committee be composed of representatives from
the following:
Hydropower Commission
Board of Public Works
City Engineer's Office
City Planning Department
Controller's Office
Common Council (2 members)
Six Mile Creek Overseer Committee
Discussion followed on the floor on the composition of the
committee. Alderpersons Hoffman and Nichols were appointed to
serve as representatives from Common Council.
A vote on the resolution resulted as follows:
Carried (9-0)
Ithaca Industrial Park - Evaluation of Rent /Buy -out Charge -
Report
Alderperson Cummings reported that the matter has been discussed
at the Committee and at Urban Renewal Agency meetings. The
(4wool Committee will bring a recommendation to the Council at the July
meeting.
*•17.3 Central Business District Historic Resources Survey - CLG
Subgrant Proposal
By Alderperson Cummings: Seconded by Alderperson Peterson
WHEREAS, the City of Ithaca has been designated a Certified Local
Government by the New York State office of Parks, Recreation and
Historic Preservation, and
WHEREAS, ten percent (10 %) of funds allocated to New York State
for preservation activities are made available exclusively to
Certified Local Governments on a competitive basis, and
29
R1 N
22
June 7, 1989
WHEREAS, Ithaca 's downtown core is vulnerable to redevelopment
pressure, particularly after the three recent fires which have
damaged and destroyed four historic buildings, and
WHEREAS, at the meeting held April 25, 1989, the Board of
Planning and Development requested that the Ithaca Landmarks
Preservation Commission explore the viability of a downtown
historic district; now, therefore, be it
RESOLVED, That the Common Council hereby authorizes the Director
of Planning and Development to submit to the New York State
Office of parks, Recreation and Historic Preservation an
application for funding to conduct an historic and architectural
resources survey of the downtown area, with the City's share of
the cost to be matched with funds already allocated to the
Department of Planning and Development.
Alderperson Cummmings gave background information on the
resolution.
A vote on the resolution resulted as follows:
Carried (9 -0)
* 17.8 R -2c Zoning
By Alderperson Cummings: Seconded by Alderperson Killeen
RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGES
TO THE ZONING ORDINANCE AND PROVIDING FOR
PUBLIC NOTICE AND PUBLIC HEARING
RESOLVED, That Ordinance Number 89 - entitled "An Ordinance
Amending Sections 30.3, 30.21, 30.25 AND 30.26 of Chapter 30
Entitled 'Zoning' of the City of Ithaca Municipal Code" be and it
hereby is introduced before the Common Council of the City of
Ithaca, New York, and be it further
RESOLVED, That the Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid ordinance to be held
at the Common Council Chambers, City Hall, 108 East Green Street,
Ithaca, New York on Wednesday July 5, 1989 at 7:00 p.m., and
be it further
RESOLVED, That the City Clerk give notice of such public hearing
by the publication of a notice in the official newspaper,
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. Such notice shall be published once at least fifteen
days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Board of Planning and Development and the Tompkins County
Planning Board a true and exact copy of the proposed ordinance
for its report thereon.
ORDINANCE NO. 89 -
AN ORDINANCE AMENDING SECTIONS 30.3 30.21 30.25 AND
30.26 OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA
MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the
City of Ithaca, New York as follows:
SECTION 1. AMENDING SECTION 30.3, DEFINITIONS.
1. That the definition for "Dwelling, one - family" shall
be amended to read as follows:
23
June 7, 1989
"'Dwelling, one - family' shall mean a dwelling unit
occupied exclusively for residential purposes by an individual or
family and not more than one (1) unrelated individual, or a
functional family unit. In the R -1 zones, occupancy by an
individual or a family plus not more than two (2) unrelated
individuals is permitted if the dwelling is owner - occupied. In
the R -2 and R -3 zones, occupancy be an individual or a family
plus not more than two (2) unrelated individuals is permitted. A
one- family dwelling may be constructed in any of the following
configurations, as permitted in specific zoning districts:
A. One - family dwelling, detached - A building containing
not more than one dwelling unit.
B. One - family dwelling, detached, zero lot line - A
building containing not more than one dwelling unit
which is sited so that the side of the building is on
aj or near the side property line of the parcel on which
r it is built.
C. One - family dwelling, semi - detached - A building
containing not more than two one - family dwellings,
each of which shares a single common wall or other
common structural elements with the other dwelling
unit in the building.
D. One - family dwelling, attached - A building containing
three or more one - family dwellings, each of which
shares one or more common walls or structural
elements with the other one - family dwellings in the
building. A maximum of six (6) dwelling units may be
attached to form a single building.
2. That the definition for "Dwelling, two - family ", be
deleted in its entirety.
SECTION 2. AMENDING SECTION 30.21, ESTABLISHMENT OF
ZONING DISTRICTS.
1. That Section 30.21, Establishment of Zoning Districts, be
amended to add the following new zoning district, to be
inserted after the words 11R -2b Residential ":
"R -2c Residential".
SECTION 3. AMENDING SECTION 30.25, DISTRICT REGULATIONS
1. That Section 30.25, District Regulations Chart, be amended
as follows:
A. Under Column 2, Permitted Primary Uses, for the R -1
districts, change "One- family dwelling" to "One -
family detached dwelling ".
B. Under Column 2, Permitted Primary Uses, for the R -2
districts, change "One- family dwelling" to "One-
family detached dwelling ".
C. Under Column 2, Permitted Primary Uses, for the R -2
districts, change "Two- family dwelling" to "One -
family semi - detached dwelling ".
D. Under Column 2, Permitted Primary Uses, add the
following:
11R -2c only: Single- family detached, zero -lot line
"R -2c only: Single - family attached dwelling.
E. Under Column 2, Permitted Primary Uses, for the R -3
districts, change "One- or two - family dwelling" to
24
24
June 7, 1989
"One- family detached, semi - detached or attached
dwelling ".
F. Under Column 2, Permitted Primary Uses, for the R -U
district, change "One- or two - family dwelling to
"One- family detached, semi - detached or attached
dwelling ".
G. Under Column 3, Permitted Accessory Uses, for the R -2
districts, add "3. R -2c only; Private garage for not
more than six (6) cars per building."
H. Under Column 6, Minimum Lot Size, Area in Square Feet
and Column 7, Minimum Lot Size, Width in Feet at
Street Line, change all references to "One- family
dwelling" to "One- family detached dwelling" and all
references to "Two- family dwelling" to "One- family
semi - detached dwelling ".
I. Under Column 6, Minimum Lot Size, Area in Square
Feet, add under the subdistrict heading 1IR -2c":
"1. One - family detached: 2500 for the first legal
occupant, plus 500 for each additional legal
occupant.
2. One - family semi - detached: 2000 for the first
legal occupant in each dwelling unit, plus 400
for each additional legal occupant in each
dwelling unit.
3. One - family attached: 1500 for the first legal
occupant in each dwelling unit, plus 300 for
each additional legal occupant in each dwelling
unit, plus 500 for each additional legal
occupant in each dwelling unit in excess of five
(5) legal occupants.
4. Other uses: 4000
J. Under Column 7, Minimum Lot Size, Width in Feet at
Street Line, add under the subdistrict heading "R-
2c":
1. One - family detached: 40
2. One- family semi - detached: 50
3. One - family attached: 50
4. Other uses: 40
K. Under Column 8, Maximum Building Height, Number of
Stories, add under the subdistrict heading "R -2c":
n3n.
L. Under Column 9, Maximum Building Height, Height in
Feet, add under the subdistrict heading "R -2c":
"35 ".
M. Under Column 10, Maximum Percent Lot Coverage By
Buildings, add under the subdistrict heading: "R -2c":
1. One - family detached: 35
2. One - family semi - detached: 40
3. One - family attached: 50
4. Other Uses: 35
25 June 7, 1989
N. Under Column 11, Yard Dimensions, Front, Minimum
Required, add under the subdistrict heading "R -2c ":
111011.
0. Under Column 12, Yard Dimensions, Side, One Side at
Least, add under the subdistrict heading "R -2c ":
1. One - family detached: 10
2. One - family detached,
zero lot line: 15
3. One - family semi-
detached, unattached sides
only: 10
SECTION 4. AMENDING SECTION 30.26, STANDARDS FOR SPECIAL
CONDITIONS AND SPECIAL PERMITS.
1. That Section 30.26(B), Special Conditions, Group Care
Residence, be amended by adding the following under 113.
Density controls at individual facility level:"
DISTRICT R -2c
TOTAL AREA IN SQUARE FEET 3, 0 0 0 f o r
first 6
residents +
1,000
for each add'1
resident
WIDTH IN FEET AT STREET LINE 40
SIDE YARDS 10 - 10
MAXIMUM NUMBER OF RESIDENTS 10
4. One - family attached,
unattached sides only:
10
P. Under Column 13, Yard Dimensions,
Side, Other Side at
Least, add under the subdistrict
heading 11R -2c ":
1. One - family detached:
5
2. One - family detached,
zero -lot line:
0
3. One - family detached, zero-
lot line, on side abutting a
non - zero -lot line building:
5
4. One - family semi - detached,
attached sides:
0
5. One - family attached,
attached sides:
0
Q. Under Column 14, Yard Dimensions,
Rear, Percent of
Depth, add under the subdistrict
heading "R -2c ":
"25 ".
R. Under Column 15, Yard Dimensions,
Rear, Maximum
Required in Feet, add under the
subdistrict heading
"R -2c": 1150 ".
SECTION 4. AMENDING SECTION 30.26, STANDARDS FOR SPECIAL
CONDITIONS AND SPECIAL PERMITS.
1. That Section 30.26(B), Special Conditions, Group Care
Residence, be amended by adding the following under 113.
Density controls at individual facility level:"
DISTRICT R -2c
TOTAL AREA IN SQUARE FEET 3, 0 0 0 f o r
first 6
residents +
1,000
for each add'1
resident
WIDTH IN FEET AT STREET LINE 40
SIDE YARDS 10 - 10
MAXIMUM NUMBER OF RESIDENTS 10
26
26
June 7, 1989
2. That Section 30.26(C), Special Permits, be amended by
adding the following under Paragraph 4 (iv) after the
label "R -2b ":
"R -2c ".
SECTION 5. EFFECTIVE DATE.
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in Section
3.11(B) of the Ithaca City Charter.
Resolution to Refer to Committee
By Alderperson Romanowski: Seconded by Alderperson Killeen
RESOLVED, That the matter of an Ordinance amending Sections 30.3,
30.21, 30.25 and 30.26 of Chapter 30 entitled 'Zoning' of the
City of Ithaca Municipal Code be referred back to the Planning
and Development Committee for review.
Carried (9 -0)
INTERGOVERNMENTAL RELATIONS COMMITTEE:
*18.1 Resolution of Extension for Purchase of City Hall Annex
By Alderperson Cummings: Seconded by Alderperson Peterson
RESOLVED, That the following amendments be made to the purchase
agreement of December 8, 1988 with Charles Schlough for the sale
of the City Hall Annex building:
(a) Paragraph III of the Purchase Offer is deleted in its
entirety;
(b) Paragraph X is deleted in its entirety and there is
substituted therefor the following:
"At closing Seller shall deliver to Buyer a Warranty Deed
for the consideration stated hereinabove, sufficient to convey
good marketable title in fee simple, free and clear of all liens
and encumbrances except as stated herein. The closing shall take
place in Ithaca, New York, on or before December 31, 1989."
"As and for liquidated damages for Buyer's failure to
close pursuant to the Purchase Offer on or by June 8, 1989, Buyer
shall pay to Seller at closing a sum equal to Seventy and No /100
Dollars ($70.00) multiplied by the number of days following June
8, 1989 that the closing actually occurs. In addition, Buyer
shall forfeit the $5,000.00 deposit paid pursuant to Paragraph
II -A in the event closing does not occur on or by December 31,
1989.";
(c) Paragraph
add the f(
"The preceding
which occurs as a
foreclosure or a deed
XII -8 of said Purchase Offer is amended to
allowing language thereto:
shall not apply to an involuntary transfer
matter of law pursuant to a mortgage
in lieu of foreclosure."
Carried (9 -0)
Correction of May 3, 1989 Common Council Minutes in Reference to
the Resolution for Extension for Purchase of City Hall Annex
By Alderperson Hoffman: Seconded by Alderperson Booth
RESOLVED, That the May 3, 1989 Common Council Minutes (page 25)
under (c) be corrected to read as follows: "Paragraph XII -8 of
said Purchase Offer is amended to add the following language
thereto:
'The preceding shall not apply to an involuntary transfer
which occurs as a matter of law pursuant to a mortgage
foreclosure or a deed in lieu of foreclosure. "'
Carried (9 -0)
ry ;JI
27 June 7, 1989
UNFINISHED AND MISCELLANEOUS BUSINESS:
Cystic Fibrosis Fund Raiser
Alderperson Cummings reported on a phone call she has received
from an agency in Syracuse organizing fund raising events for
Cystic Fibrosis which involves jailing and hostage- taking, etc.
and she wondered what the City's approach is to this type of
fund raiser.
Mayor Gutenberger replied that the Mayor's Office receives many
of those types of calls from organizations and the standard
answer is that they will not participate in this type of fund
raiser and that the community is very sensitive to the type of
fund raiser that involves hostage taking, jailing, and paying
ransom.
NEW BUSINESS•
Televising of Common Council Meetings
Pt; Alderperson Lytel reported that this evening is the first Common
�! Council meeting that is being cable -cast directly as a result of
"i the City's new cable franchise. He spoke on the lighting that is
required to have the meetings televised.
Discussion followed on the floor on the energy aspect of the
lighting system in question.
Resolution to Refer to th,
By Alderperson Cummings:
RESOLVED, That the matter
the cable - casting of the
the Department of Public
the Common Council at its
Department of Public Works
Seconded by Alderperson Johnson
of lighting Common Council Chambers for
Common Council meetings be referred to
Works for review and a report back to
July meeting.
Carried (9 -0)
(600", "Housing Now!"
By Alderperson Killeen: Seconded by Alderperson Johnson
WHEREAS, three items (15.11, 16.2, 17.7) on this Agenda are
concerned with Homeless Housing, and
WHEREAS, this focus is indicative of this Council's recognition
of the community crisis in available, affordable housing for many
sectors of the public, including the homeless, and
WHEREAS, a local effort spearheaded by the Homeless Task Force is
now underway to stimulate participation in a developing national
program - "Housing Now! ", and
WHEREAS, this Council's encouragement of local, grass -roots
involvement in "Housing Now!" is consistent with and beneficial
to the attack on Ithaca's housing crisis; now, therefore, be it
RESOLVED, That this Common Council urges support for the "Housing
Now!" effort being organized by the Homeless Task Force, and be
it further
RESOLVED, That the Homeless Task Force is invited to report to
this Common Council at its September meeting (9/6/89) on the
(40� local progress of "Housing Now! ", and be it further
RESOLVED, That this matter is referred to the Human Services
Committee for their consideration and possible additional
enhancement.
Carried (9 -0)
August Common Council Meeting Time
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That due to the Empire State Games the August meeting
of Common Council will be held on Tuesday, August 1, 1989.
Carried (9 -0)
M
Adjournment
On a motion the meeting adjourned at 11:3
Callista F. Paolangeli v
City Clerk .
June 7, 1989